Morung Express News
Kohima | November 26
The Gauhati High Court, Kohima Bench has temporarily suspended the blanket ban on dog trade and consumption of dog meat in Nagaland. The court issued the stay directive on November 25 after state respondents failed to file reply.
“The impugned order dated July 4, 2020 may be stayed until the next returnable date” after considering the submissions made by the counsel for the petitioners and the government advocate and under facts and circumstances placed before the Court, stated the order issued by Justice S Hukato Swu.
The Court, in an order on September 14, 2020, directed the respondents to file ‘affidavit-in-opposition.’ “However, today, as submitted by the learned Government Advocate, there is no response from the State respondents," the court pronounced.
The stay order came after the Court, in its last hearing on October 28, granted 3 weeks time to the Nagaland government to reply as a last chance. The court also said that the matter will be immediately listed for hearing after 3 weeks and if the matter cannot be heard and disposed off, "the interim prayer will be heard."
As an interim measure, the petitioners earlier prayed to suspend the operation of the notification and for quashing and setting aside the notification and Cabinet decision. The petition was filed on September 2 challenging the legal basis and jurisdiction regarding the ban on the trade and sale of dogs and dog meat in Nagaland in July this year. The prohibition was put into effect by the state government on July 4, 2020 citing provisions of the Food Safety & Standards (Food Products Standards and Food Additives) Regulations, 2011.
The petition stated that the notification wrongly interprets and rely on the Food Safety Act. “It cannot stand the test of law and deserves to be struck down for being unconstitutional, illegal and arbitrary,” the petitioners had contended.
The Court later stated the matter be listed after the winter vacation while also directing the State respondents to "make all efforts to file their affidavit-in-reply."
