Karnataka HC Issues Notice to State Govt on Plea Questioning Anti-cow Slaughter Ordinance
The Karnataka High Court on Tuesday issued notice to the state government asking it to file its objections in a PIL challenging the recent ordinance promulgating the anti-cow slaughter Bill.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum issued the notice based on the petition filed by Mohammed Arif Jameel, a resident of Bengaluru. The petitioner argued that the ordinance went against the fundamental rights of a citizen under Articles 14, 19 (1) (G) as well as Article 21 of the Constitution.
首席大法官Abhay Shreeniwas Oka和大法官萨钦·尚卡尔·马加杜姆(Sachin Shankar Magadum)的分区法官根据孟加卢市居民穆罕默德·阿里夫·贾迈勒(Mohammed Arif Jameel)提交的请愿书发布了这份通知。请愿人辩称，该法令违反了宪法第14条、第19条第(1)款(G)项以及第21条规定的公民基本权利。
"The rule under Section (5) -- that is restriction of transport of cattle -- has not yet been framed. Because of this, even innocent farmers who are transporting their cattle from village to village can be harassed. We brought to the notice of the bench incidents in Davangere and Chikkamangaluru and the court has taken cognizance of this, however, they have given the state time till the next hearing to frame the rules," said Rahamatulla Kotwal, the advocate representing the petitioner.
代表请愿人的辩护律师拉哈马图拉·科特瓦尔(Rahamatulla Kotwal)说：“第(5)款下的规则--限制牛的运输--还没有制定出来。正因为如此，即使是在村子之间运送牛的无辜农民也可能受到骚扰。我们注意到了达万杰尔和奇卡曼加卢市的板凳事件，法院已经意识到了这一点，然而，他们给了州政府时间，直到下一次听证会才能制定规则，”代表请愿人的辩护律师拉哈马图拉·科特瓦尔(Rahamatulla Kotwal)说。
The petitioner has sought interim relief by calling for a stay of operation of the impugned ordinance. The ordinance was passed by Governor Vaju Bhai Vala on January 5 after being cleared in the Karnataka state assembly.
Advocate General Prabhuling Navadgi, who represented the state via video conference, sought time from the bench and assured the court that the government was in the process of forming the rules.
通过视频会议代表该州的辩护律师普拉布林·纳瓦吉将军(General Prabhuling Navadgi)从法官席上寻求时间，并向法院保证，政府正在制定规则。
The petitioner also submitted that the Bombay High Court in Shiek Zahid Mukthar vs State of Maharashtra had held that depriving people of the right to choose food was unconstitutional. Thus, the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2021, violated the fundamental rights of many citizens to consume food of their choice.
请愿人还提出，孟买高等法院在Shiek Zahid Mukthar诉马哈拉施特拉邦一案中认为，剥夺人们选择食物的权利是违宪的。因此，《2021年卡纳塔克邦防止屠宰和保存牛条例》侵犯了许多公民消费自己选择的食物的基本权利。
The next hearing will be on January 18.