HC reserves judgement on dog meat ban issue in Nagaland

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Morung Express News
Kohima | April 20

The Gauhati High Court Kohima Bench on Wednesday reserved its verdict on matter challenging the notification issued by the Nagaland Government banning the “commercial import and trade of dog meat and commercial sale of dog meat in markets and dining in restaurants.”

After two-days of continuous hearing, the single-Bench judge of Justice Marli Vankung reserved the matter for judgement.

“I wouldn’t be doing justice to neither of you, if I make decision today and need to ponder further,” the judge observed orally to the counsel of the main petitioner as well as the counsel for the People for Animals and Humane Society International/India.

The final hearing started on April 18. 

During the last hearing on March 20, the Court declined to vacate an interim order passed by the Court on November 25, 2020, staying a notification issued by the Nagaland Chief Secretary dated 04.07.2020 “banning the commercial import and trade of dog meat and commercial sale of dog meat in markets and dining in restaurants.”

The Court then was hearing an interlocutory application by two animal rights organisations – the People for Animals and Humane Society International/India, before the court praying for vacating the November 25 order. 

The Court order then noted that “it would be better if the entire matter is heard” and on the consensus of all parties listed the matter for hearing on April 17, adding that “endeavour shall be made to dispose the petition.”

The case pertains to the main writ petition filed under Article 226 of the Constitution, filed in September 2020, praying for issuance of a writ in the nature of Certiorari or any other appropriate writ for enforcement of the petitioner’s fundamental right under Article 14, 19 and 21 of the Constitution and for violation of principles of natural justice.

The same has been breached by the July 4, 2020 order by the Chief Secretary “banning the commercial import and trading of dogs and dog markets and commercial sale of dog meat in the markets and in restaurants,” the petitioner then submitted to the court. 

Among others, the petitioners contended that the ban order was “passed in the garb of Cabinet decision, being basically an executive order and devoid of legislative backing, is illegal.”

Accordingly, the Kohima Bench on November 25, 2020 stayed the ban order. The People for Animals and Humane Society International/India later impleaded themselves in the case.

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