Pune 12 Sept 2017 (PCP NEWS PUNE Devendra Jain) : Gorakshak will continue to act as per the procedure and help the state preserve the nation wealth of agricultural animals, said the Supreme Court here today, In a series of orders by the High Court of Mumbai and Supreme Court of India has after it refused to grant any stay on activities of the Gorakshak as long as they don’t take law in their own hands.
Today the Supreme Court after listening the case related to Gopal Gandhi who was represented by Advocate Indira Jaising the Court ruled that When they are going to pass an ad interim order? Mr.Tushar Mehta, learned Additional Solicitor General appearing for the States of Haryana, Gujarat, Maharashtra and Rajasthan submitted that these States will nominate a senior police officer of the Police Department as the Nodal Officer in each District, who shall ensure that these vigilantes do not take law unto themselves or behave in a manner that they are the law in themselves. If any kind of deviance takes place, the said Nodal Officer shall take action and such vigilantes are booked in accordance with law with quite promptitude.
The Supreme Court has in no way restricted the Gorakshak from taking action against cattle mafia in accordance to law. The order only states that the states should ensure that no one takes laws in his own hands or acts as a law unto himself. The Gorakshak in Maharashtra have been filing regular FIRs against the cattle smugglers without any incident of violence being reported in last several years.
Besides this two petitions were filed in the Bombay High Court, one seeking directions unrestricted was for animal carrying vehicles during kurbani. This petition filed by shadab Patel was disposed off with directions stating that the steps taken by the state government and police were adequate and correct. The high court refused to pass any orders restricting the work of the Gorakshaks.*
In another matter an office order was passed by the Traffic department of the Mumbai police directing that no vehicle carrying animals for sacrifice will be stopped. This was challenged by the petitioner Abrar qureshi. The police department issued an affidavit that there is no restriction on the police from taking cognizance of violation of the prevention of cruelty to animals Act or animal preservation act.
Milind Ekbote of Akhil Bharti krushi goseva Sangh asserted that there has been no incident of violence by any gorakshak in Maharashtra in recent times. More than 200 cows and its progeny were rescued in this month itself, strictly as per the procedure.
Manoj Oswal, Animal Welfare Officer of the Animal Welfare Board of India stated that, as per the code of criminal procedure any citizen can take immediate action to prevent any crime and also arrest a criminal if he witnesses a crime happening before him which is serious in nature and non bailable. This is acknowledged by orders of various high courts and Supremely Court. In fact the chief justice of India himself pointed out that there was rampant smuggling of animals during Bakri Id and the intervenes should consider filling separate petition against it.
Petitioners states that, the role of the Gorakshak is of an informant, no one can take away that as it is an integral part of crime prevention. No court has passed an order giving blanket ban on informants collecting information and passing to the police. The Supreme Court has in no way restricted the Gorakshak from taking action against cattle mafia in accordance to law. PCP/DJ 16 30