The Supreme Court on Monday stayed the operation of the Madras High Court’s order that directed the Tamil Nadu government to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day in the State.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice on the Tamil Nadu government’s appeal and stayed the High Court’s judgment until further orders.
The State government had challenged the May 27 ruling, arguing that the High Court had exceeded its jurisdiction by effectively imposing a blanket ban on cow slaughter.
High Court Had Directed State to Prevent Cow Slaughter
The Madras High Court’s order was passed by a Bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan while hearing a public interest litigation filed by Coimbatore resident K. Surya alias K. Surya Prasanth.
The petitioner had sought directions to prevent the slaughter of cows in public places and to ensure compliance with existing laws regulating animal slaughter.
However, the High Court directed the State to ensure that “no cow or calf is slaughtered on the eve of Bakrid or on any other day.”
The court had also observed that cow sacrifice is not an essential religious practice in Islam.
Tamil Nadu Government Challenges Ruling
In its appeal before the Supreme Court, the Tamil Nadu government argued that the High Court went beyond the scope of the petition.
According to the State, the petitioner had only sought implementation of existing laws and action against slaughter outside authorised slaughterhouses. The government said it had already strengthened surveillance, identified designated slaughterhouses, deployed officials for inspections, and taken steps to prevent illegal slaughter in public places.
The State contended that the High Court’s direction effectively imposed a complete prohibition on cow slaughter in Tamil Nadu, even though the existing legal framework regulates, rather than completely bans, the slaughter of cattle.
It also argued that the High Court unnecessarily examined whether cow sacrifice is an essential religious practice in Islam, even though the issue was neither raised by the parties nor required for deciding the case.
The Tamil Nadu government further submitted that the High Court relied on a 1976 government order relating to milk production and rural economy without adequately considering the current statutory framework governing animal slaughter.
