Mumbai: The Bombay High Court on Tuesday allowed animal sacrifice on the occasion of Bakri Eid and ‘urs’ (annual procession) at a Dargah located within the precincts of Vishalgad fort in Kolhapur. The durgah trust had challenged an order passed by the Deputy Director of Archaeology that prohibited animal slaughter inside the fort.
The Hajrat Peer Malik Rehan Mira Saheb Dargah, Vishalgad had filed a petition challenging various communications issued by the Director of Archaeology and Museums, Bombay, as well as the Superintendent of Police, Kolhapur and the Chief Executive Officer Zilla Parishad, Kolhapur, by which a ban on slaughtering of animals and birds at Vishalgad was imposed.
A Division Bench of Justice Neela Gokhale and Justice Firdosh Pooniwalla noted that a similar plea had been allowed in June 2024 and therefore, it allowed the present application as well on the same terms. “Considering fact that coordinate bench of this court in order dated June 14, 2024 has already dealt with the issue and had permitted the prayer, the same shall continue for festival of Bakri Eid, which is on June 7 and Urs for four days from June 8 to 12,” the order stated.
The court has clarified that the permissions granted would apply to all devotees attending the Dargah during the festival, while reiterating that the June 2024 conditions must be strictly followed. “Needless to state, the same conditions, which have been imposed in the June 14, 2024 order, shall apply to the petitioners in the present IA. Also applies to devotees of Dargah who come to sacrifice during Bakri eid and Urs. We also make it clear that conditions imposed in June 14 order shall be strictly complied with,” the order read.
In an order passed last year, the high court had stipulated that any sacrifice must occur only in a closed and private area – specifically Gate No. 19, which is privately owned by Shri Mubarak Usman Mujawar – and not in open or public spaces.
The Deputy Director of Archaeology and Museums and other authorities had prohibited animal slaughter within the Vishalgad Fort area on the ground that slaughtering of animals has been taking place in the Vishalgad, which is a protected monument. They contended that as per Rule 8 (c) of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962, there is prohibition to cook and consume food in the premises of a protected monument and slaughtering of animals is a part of the process of cooking food and, therefore, the same is prohibited.
The authorities had further relied on the July 23, 1998 judgment passed by the Aurangabad bench of the Bombay High Court which had strictly prohibited the slaughter of animals and birds in the name of God and Goddesses at any public place. However, in the June 14, 2024 order, a high court bench had quashed the said communications and allowed the sacrifice of animals.
