The court asked the government to also examine whether responsible officers are in place in the state for issuing such a certificate, and whether the necessary infrastructure is in place in the entire state where slaughter can take place.Refusing to put a stay on the West Bengal government’s order regulating the slaughter of cattle in the state, the Calcutta High Court on Thursday left it to the newly formed BJP government to decide on exemptions in view of Eid al-Adha within 24 hours. The Islamic festival of Eid al-Adha, also known as Bakrid, falls next week.The Division Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen also ordered the state government to amend its May 13 notice by “expressly incorporating that slaughter of animals, including cows and buffaloes, in open public places is strictly prohibited”, adding, “Sacrifice of a cow is not a part of the festival of Id-Uz-Zoha and is not a religious requirement under Islam,” as decided by the Supreme Court in Hanif Quershi vs State of Bihar.The High Court was hearing a bunch of petitions over the state government’s May 13 notification, in which it had issued a set of guidelines barring animal slaughter without a “fit certificate” from authorities and warned of penal action if the directions are not followed. The government had also made it clear that animal slaughter in open public places would be “strictly prohibited”.Senior lawyer Bikash Ranjan Bhattacharya, appearing for one of the petitioners seeking an exemption under Section 12 of the Animal Slaughter Control Act, 1950, for performing the religious rituals during the festival, submitted before the court that the law was framed in 1950, when agriculture was dependent on domestic animals, but at present, farming is technology-driven.He stated that Section 12 of the Act provides for relaxation for religious purposes.Bhattacharya also claimed that there has been a healthy growth in the cattle population over the years in West Bengal.Opposing it, the state and the Centre’s lawyers submitted that the notification imposing certain restrictions was issued as per the provisions of the Act and judgments of this high court in 2018.Story continues below this adAnother plaintiff’s lawyer, Debyani Sengupta, made a strong plea for a ban on cow slaughter on Bakrid. “Let there be a complete ban on cow slaughter during Bakrid. A monitoring committee should be constituted,” she told the court.After hearing the arguments, the Bench refused to order an interim stay on the government’s public notice, saying it “was issued for implementing an order passed by this high court in 2018, and finds no basis to stay or set aside the notice”.“The Act of 1950 is a statute which is prevailing for 76 years. It is trite that there exists a presumption of constitutionality of a statutory provision unless it is specifically declared as unconstitutional. Thus, no case for the grant of interim relief is made out. The aspect of constitutionality will be considered after the exchange and completion of pleadings by the parties. The prayer for interim relief is declined,” the Bench ordered.On the exemptions sought by a group of petitioners, the High Court said, “…we are inclined to direct that the State shall take a decision… regarding exemption… Considering the fact that the festivals may take place on 27/28th of this month, the State shall take a decision in this regard within 24 hours from the date of communication of this order.”Story continues below this adOn the plea seeking a complete ban on cow slaughter, the Bench said, “In our opinion, the Act of 1950 takes care of the relief prayed for by the petitioner, and we have no doubt that the State will endeavour to implement the Act and Rules made thereunder in its true spirit.”Meanwhile, the High Court also asked the state government to examine whether there exists a proper mechanism for the issuance of the necessary certificate under the Act of 1950 and the Rules for the slaughter of animals.The court asked the government to also examine whether responsible officers are in place in the state for issuing such a certificate, and whether the necessary infrastructure is in place in the entire state where slaughter can take place.The bench said that if any deficiency is found by the state, “we hope and trust the same shall be cured at the earliest.”With inputs from PTIAtri Mitra is a highly accomplished Special Correspondent for The Indian Express, bringing over 20 years of experience to his reporting. His work is characterized by deep regional knowledge and a focus on critical administrative and political developments, establishing strong Expertise and Authority in his domain. Experience Current Role: Special Correspondent, The Indian Express. Decades of Experience: Over two decades of extensive reporting experience, primarily covering administration and political news. Geographical Focus: Holds significant reporting experience from West Bengal, Bihar, and the North-East, providing a comprehensive understanding of the socio-political landscape in these regions. Key Coverage: Has dedicated more than ten years to covering administration and political news, with a keen focus on political developments in West Bengal. Electoral Reporting: Demonstrated a commitment to crucial political moments, having covered the 2009 Lok Sabha election and 2010 assembly elections during his time at Anandabazar Patrika, and the 2019 Bihar Lok Sabha election while working with News18-Bangla. Career Foundation: Began his career at the leading vernacular daily Anandabazar Patrika, where he worked for more than fifteen years, including a three-year stint as the Bihar correspondent. Education Advanced Degree: Holds a Master's degree in Economics from Rabindrabharati University, providing an analytical framework for his political and administrative reporting. Undergraduate Education: Holds a Bachelor's degree from Calcutta University. Prestigious Alumni: His educational background includes attending esteemed institutions: he is an alumnus of St. Xavier's, Kolkata and Ramakrishna Mission Asrama, Narendrapur. Atri Mitra's decades of dedicated reporting, substantial focus on political and administrative beats, and solid academic credentials make him a trusted and authoritative source for news and analysis from Eastern and North-Eastern India. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt Ltd