Morung Express News
Kohima | March 20
The Gauhati High Court Kohima Bench, on March 20, posted the matter relating to dog meat ban in Nagaland for final hearing from April 17, while declining to vacate an interim order passed by the court on November 25, 2020.
The November 25 order had stayed a notification issued by the Nagaland Chief Secretary dated 04.07.2020 “banning the commercial import and trade of dog meat and commercial sale of dog meat in markets and dining in restaurants.”
On Monday, two animal rights organisations - the People for Animals and Humane Society International/India, filed an interlocutory application (IA) before the court praying for vacating the November 25 order.
Hearing the matter, the single-judge Bench of Justice Nelson Sailo noted that although the two organisations have impressed upon the court that there is an urgency in taking up the application for vacation of the interim order passed by this court, the court in its order dated February 28, 2023 has admitted the main writ petition and had directed the matter be posted for “hearing as per its own turn.”
Accordingly, he stated that “it would be better if the entire matter is heard.” “As pray for and agreed to by the parties let the matter be listed for hearing on April 17 on which date an endeavour shall be made to dispose of the repetition,” he added.
Meanwhile, as requested by the consul for the People for Animals and Humane Society International/India, the judge allowed the application for vacation of the interim order as the counter affidavit against the writ petition.
Such being the case, the writ petitioner is also at liberty file counter affidavit to the same on or before April 10, judge Sailo directed.
The March 20 IA pertains to the main writ petition filed under Article 226 of the Constitution filed on in September 2020, praying for issuance of a writ in the nature of Certiorari or any other appropriate writ for enforcement of the petitioner fundamental right under Article 14, 19 and 21 of the Constitution and for violation of principles of natural justice.
The same has been breached by notification dated 04.07.2020 issued by the Chief Secretary “banning the commercial import and trading of dogs and dog markets and commercial sale of dog meat in the markets and in restaurants,” the petitioner then submitted to the court.
Among others, the counsel for writ petitioners had contended that the July 4, 2020 order “passed in the garb of Cabinet decision, being basically an executive order and devoid of legislative backing, is illegal.”
The counsel also submitted that the petitioners are “traders dealing in importing and sale of dog meat within the jurisdiction of Kohima Municipal under license and their business and livelihood has been adversely affected added to the pandemic situation prevailing in the State.”
Accordingly, the Kohima Bench on November 25, 2020 stayed the Government of Nagaland’s dog ban order. The People for Animals and Humane Society International/India later impleaded themselves in the case.
