Tamil Nadu government challenged the May 27 order of the High Court, which directed the Chief Secretary and the Director General of Police/Head of Police Force to ensure that no cow or calf was slaughtered across the State either on the eve of Bakrid on May 28 or on any other day.
The High Court order was based on a 1976 Government Order, which prohibited cow slaughter in the interest of milk production and the improvement of the rural economy.
In its plea, the State government termed the order contrary to the Tamil Nadu Animal Preservation Act, 1958.
In the petition, the TN government led by C Joseph Vijay stated that the High Court’s order went beyond the scope of the petition and contradicted the applicable legislation. It permits the slaughter of cows aged over 10 years that are unfit for work and breeding on the basis of a certificate issued by a competent authority.
However, the HC imposed a blanket ban on the slaughter of cows and calves anywhere in Tamil Nadu on any day.
BJP Tamil Nadu Chief Spokesperson Narayanan Thirupathi, in a post on X, said: “I strongly condemn the Tamil Nadu government’s decision to file a Special Leave Petition in the Supreme Court challenging the Madras High Court’s order on cow slaughter, despite having promptly complied with the High Court’s directions and submitted a satisfactory compliance report.”
Adding further, he said: “This move sends a troubling message that the State is reluctant to enforce laws that safeguard vulnerable animals and traditional values. I urge the government to withdraw the appeal and focus on genuine implementation of animal preservation laws for the benefit of farmers, the economy, and future generations. Justice and compassion must prevail over short-term political calculations.”
Another netizen, Omkar Balaji, said: “Are these human rights violations the price for a verdict obtained legally and in a democratic way? Bowing down to the demands of the Muslim community, the Vijay government has challenged the HC order. It is to satisfy them…”
The High Court Bench comprising Justice GR Swaminathan and Justice V Lakshminarayan passed the order on May 27, on the eve of Bakrid, on a Public Interest Litigation filed by K Surya Prasanth, the General Secretary of Hindu Makkal Katchi. He allegedly faced threats.
Subsequently, Tamil Nadu Police, using the colonial-era Act 51A, deported him from his town, an action that was later quashed by the HC. He was allegedly treated as a mentally challenged person and chained in an inhuman manner.
The TVK government objected to the High Court relying upon Government Order No. 1715, despite its validity or applicability never being in issue before the court. The executive instruction, it argued, could not override or supersede the statutory enactments governing animal slaughter in Tamil Nadu.
The State government said that the writ petition before the High Court was narrowly confined to preventing the slaughter of cows in public places during Bakrid in Coimbatore.
However, the Division Bench expanded the issue to impose what the government described as an “absolute and blanket ban” on cow slaughter even in designated slaughterhouses, despite no such relief having been sought by the petitioner. Thus, relief that was neither pleaded nor prayed for was granted.
It is to be noted that, as per the Supreme Court website, the TN petition was filed on June 9 and is currently on the defect list for rectification of filing defects.
The TVK government has also appealed to the Supreme Court in the Thiruparankundram Deepam issue.
Critics say: “The TVK government wants to play safe, showing its tail to Hindus and its head to Muslims. It does not want to antagonise Muslims, whom it believes have shifted to TVK after its long-term ally DMK.
It appears that TVK wants to protect them and win their confidence. These are merely appeasement and confidence-building measures to keep them in good stead. If the Supreme Court verdict upholds the High Court in the cow slaughter ban and Deepam issue, the TVK government can conveniently blame the judiciary and Hindus to wash off its hands. Otherwise, it can claim to be the saviour of minority rights.”
