A  M E M O R A N D U M by  HINDU EXISTENCE FORUM

To

Shri Keshari Nath Tripathi

His Excellency Governor of West Bengal,

Govt.of West Bengal,

Raj Bhawan,

Kolkata.

 Subject :

A.   In the matter of ensuring compliance  of –

the judgment delivered  on16/11/1994  by  Hon’ble Supreme Court  of  India in Civil Appeal  no. 6790 of 1983 [–State of  West Bengal &  Ors. – Versus-  Ashutosh Lahiri  & Ors.  (Reportedin AIR 1995-SC-464)

read with

the Order dt.02/11/2011 read with order dt. 13/10/2011 made in W.P.16749(w) of 2011 by Hon’ble High Court at Calcutta and the interim Order dt.09.10.2013 out of WP No. 31522 of 2013 (PIL) as derived from the letter of Sri P N Mishra, Ld. Advocate and also the d i r e c t i o n s   passed therein by the Hon’ble Calcutta HighCourt  upon the State Govt. through its Chief Secretary as also on all functionaries and local bodies of the State for complete  protection of the Cow & its progeny in strict implementation of the Law of the Land.

B.   Unaccountable torture, persecution, threat and imprisonment on Go Premi Bandhuon trying to stop illegal cow market, cow transport and cow slaughter in the soil of West Bengal. 

Mahamanya Shri Keshri Nath Tripathi Mahodaya,

                                          Sadar N a m a s t e !

A.   We the undersigned law-abiding  responsible citizen of our beloved State being highly and enthusiastically convinced of the virtues possessed by your dynamic leadership, would once again place before you the following few lines for efficacious consideration by your compassionate exonerated in discrete heart  which are to be looked into by you in the interest,  on the one hand of the much needed protection of  the Nation’s livestock [Pashudhan]  and on the other hand of the much needed protection of the human-friendly cow-animal (we mean, Indian specie of the cows, calves, bullocks, bulls etc.) which unluckily due to its lawless unrestricted slaughter  is on the verge of extinction and if the things are  even now not handled in the manner desired , it shall ultimately turn suicidal to human beings itself  AND AS SUCH  the situation needs to be properly reviewed  thoroughly before it is too late.

On behalf of the Institution/s represented by us andor on our own behalf, we the signatories to this memorandum would draw to your kind notice that in the above-cited contested Appeal Case Hon’ble  Supreme Court while concurring with and confirming  the Judgment dt. 20|08|1982  of the Calcutta High Court in Kedarnath Brahmachari & Ors.  Vs  State of  West Bengal  & Ors. has categorically held that itwas not open to the State to invoke its exemption power U/S 12 of the W.B.Animal Slaughter Control Act, 1950 for religious  purpose of the Muslims on the occasion of Bakri-Idd  [refer Annexure  “A” along with the order copies of Hon’ble Calcutta High Court dt. 02/11/2011 read with order dt. 13/10/2011as Annexure“B” and 09/10/13 as Annexure “C”].

Further,  since  Sec.4 of the said Act which according to the Supreme Court is the thrust of the Act  imposes a total ban on slaughtering of  healthy cows and other animals mentioned in the Schedule u/S.  2 of the Act ,  it becomes incumbent  on the State administration and the Police to see to it that-

> no cows, calves, bullocks, bulls etc.  are made or allowed to be assembled even  at any place anywhere in our State of  West Bengal  and that  during 10/15- days  prior to Bakri-Idd;

> there is  no abnormal inflow at least of the Indian species of the cows, calves, bullocks, bulls  from the neighboring States ; and that

> roaming of the cow & its progeny and/or its transportation here and there during  those 10/15 days is closely watched-upto avoid any illogical, immoral and unlawful activity.

As  otherwise, such useful animals  shall only be subjected to inhuman act of illegal slaughter in gross violation of law of the land , besides causing contempt  of the  Hon’ble  Supreme Court’s  remarkable Judgment  referred to above besides hurting the sentiments of all law-abiding, peace-loving people of the state that too especially when there is no religious compulsion  on our Muslim  brethren  to sacrifice and/or  to offer Qurbani of  the cow &/or its progeny and when they (our Muslim brothers) already have the alternative present within the tenets of Islam  as what the apex court in it’s prudent and ever binding Judgment  has already recorded  after hearing the venerable Imams& other reverence-worthy Scholars of Islam and as what  the nation’s  apex court has decided in favour of non-slaughter of the COW and its progeny.

Though the Hon’ble Court delivered the judgment far back on 16/11/1994, it is observed that the State and its administrative machinery  have  so far, we are sorry to point-out, during the last eighteen years unfortunately  not  taken the apex court’s Judgment  in its  true spirit  and have only failed and neglected to take due care and action to implement same properly and in the interest of preservation of the valuable animal-wealth (Pashudhan)of  the country.  Despite several organizations  pointing out in the past about a blatant violation of the Apex Court’s judgment and the ever increasing slaughter of Cows and its progeny  on Bakri-Idd day on a very large scale  in the city of Kolkata  and other places of  West Bengal, particularly in the Police Station areas of Narkeldanga, Entally, Taltolla, Jorasanko, Tiljala, Baniapukur, Tangra, Ekbalpur, Park Circus, Hastings, Metiabruz, Tapsia and most in the areas of West Bengal  –  no appropriate action was taken  by the Police  on lawful complaints  in only a few of the numerous incidents , which could be lodged by some of the aggrieved eye-witnesses of such incidents.

The fact that remains is that both the Govt. and the Police authorities in absence of  adequate  knowledge &/or  proper implication of the Hon’ble Supreme Court’s  observation and the Order being known to them, are still expressing the view that it was a religious Muslims to slaughter  the Cow, Bulls etc. for ‘Qurbani’   t h o u g h   it is  not  so   when   one  will  look  to  the Supreme Court Judgment  itself as will appear from the said  Annexure-‘A’,

……..[shortened].

B. In contravention of the provisions of West Bengal Animals Slaughter Control Act,  1950 and other provisions of Cattle Licensing Act, Cattle Transport Act and Prohibition of Animal Cruelty Act etc., the State authorities doing fatal to the cattle and also upon the animal lovers against illegal cow market, cow transport and cow slaughter in the soil of West Bengal.

In KTPP Police Station (Purba Medinipur) Case No.361/2014 case, the Police is trying to hand over 58 recovered cattle to the hands of butchers making various loopholes from the arised situation and pressuring the Goshala authority to handover the cows to the hands of butchers in the name of fake agricultural purpose.

In Panskura Police Station (Paschim Medinipur) Case No. 477/2014, the Police arrested only one person and doing a peevish work to hand over all recovered 7 cattle and have not taken any measure to stop illegal cow market, cow transport and cow slaughter in its jurisdiction.

In Raniganj Police Station (Burdwan) Case No. 341/2014 Police has arrested 13 Gau Premi (Cow lovers) and put them in Jail in the festival time. Police has released 41 trucks with over 1000 cattle to the hands. In a very persecutive manner Police has leveled sections 147, 148, 149,186, 323, 307, 353, 295, 153, 153-A, 427, 447, 506, 120-B under IPC upon the activists engaged to rescue animals facing life threat. The official system the  court of law even putting hurdles to get certified copies of rejection of bail etc., so that the victims cannot come out from jail to participate in festivals of Navratri and Durga puja.

In everywhere in West Bengal we see the rampant violations of rules and regulations in regard to illegal cow market, cow transport and cow slaughter and the Govt machinery is promoting all the nefarious rackets involving illegal cow market, cow transport and cow slaughter.

More over, the BSF under Central Home Ministry is not strictly checking the illegal cow smuggling rackets very much active in WB-BD borders and beyond.

Lakhs of cattle and cows including pregnant and milking cows are going to be killed by the Muslim butchers and secular elements in the event of Bakr Eid falls on 6th Oct 2014.

The ensuing Bakri-Idd which falls this year on 6th October 2014, We apprehend another fatal consequences for the cow progeny in this state.  But also on all other days in the greater interest of preservation of the Nation’s PASHUDHAN at least the COW & its progeny particularly of its Indian species which as explained and which very few in the country have the vision to observe, is unfortunately on the verge of extinction. You may be pleased to act appropriately in the matter and win the minds of  people of all walks of our life.

Hope , the things are now crystal clear to you and you are fully agreeable to what has been submitted  here-in-above. We think however Your Excellency must feel necessary to act upon on this issue of vital importance for the sake of  peaceful co-existence,  protection of the Law of the land  and in the  interest of  human welfare itself as such.

We the members of Hindu Existence Forum humbly pray for your kind intervention to the above matter and oblige.

Thanking You !

Yours faithfully,

Upananda Brahmachari, Chairperson, Hindu Existence Forum.

Email: hinduexistence@gmail.com

Amruthesh NP, Advocate, Karnataka High Court.

Bibhutibhushan Palei, Advocate, Rourkela Court.

Sukanta Basu, Advocate, Howrah District Court.

Detail of the Memorandum available in Google doc. Click here.