Case Summary: State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat and Others
Citation: (2005) 10 SC CK 0014 | (2005) 8 SCC 534
Case No: Civil Appeal Nos. 4937-4940 and 4941-4944 of 1998
Date of Decision: 26 October 2005
Bench: Hon'ble Chief Justice R.C. Lahoti, Justices P.K. Balasubramanyan, G.P. Mathur, C.K. Thakker, B.N. Agrawal, Arun Kumar, A.K. Mathur
Final Decision: Appeal Dismissed (Ban on cow slaughter upheld)
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=263445
Legal Points Raised:
- Whether the total ban on slaughter of cows and their progeny violates Articles 14, 19(1)(g) and 25 of the Constitution
- Status and enforceability of Directive Principles under Article 48
- Interpretation and conflict between Fundamental Rights and Directive Principles under Article 31C and 51A
Ratio Decidendi:
- The total prohibition on cow slaughter was upheld as reasonable and in public interest. Directive Principles (especially Article 48) aimed at preservation and protection of livestock can override individual rights under certain circumstances.
Final Ruling:
- The appeals were dismissed. The Supreme Court overruled the Gujarat High Court's judgment. The total ban on cow and progeny slaughter in Gujarat was held constitutional.
Relevant Paragraph Numbers:
- Key discussions and reasoning: Paras 2–8, 12–15
- Interpretation of Directive Principles vs Fundamental Rights: Paras 10, 14
- Relevance of previous judgments like Mohd. Hanif Quareshi: Paras 12–15
Summary:
In this landmark judgment, the Supreme Court upheld the constitutional validity of the Gujarat amendment that imposed a complete ban on the slaughter of cows and their progeny. The Court emphasized the importance of Directive Principles under Article 48 and their relevance in a predominantly agrarian economy like Gujarat. It overruled earlier objections raised on the grounds of Article 14, 19, and 25, holding that public interest and animal preservation justified the ban.
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=263445