Jasraj Shri Shrimal v. Govt. of A. P. , Endowments Department
2002-02-19
A.R.LAKSHMANAN, I.VENKATANARAYANA
body2002
DigiLaw.ai
JUDGMENT : Dr. AR. Lakshmanan, C.J. 1. Heard Smt. Jayasree Sarathy, learned counsel for the petitioner and also the learned Government Pleaders for the Departments of Revenue, Endowments and Home. 2. This writ petition has been filed as a public interest litigation seeking a Writ of Mandamus directing the respondents to prevent the massive sacrifice of animals offered to the deity seeking blessings during "Jathra' (fair) of Sri Lingamanthula Swamy Temple situated on the hillock, one kilometre away from Durajapally village, Chivemula Mandal, Nalgonda District by taking the following effective steps: (i) to publish and circulate pamphlets to create a scare and awareness among the people and to circulate the same even in the surrounding districts; (ii) to canvass by effective sound system about the ban on the sacrifice of animals and the punishments that can be imposed under the provisions of the A.P. Animals and Birds Sacrifices Prohibition Act, 1950 (Act No. XXXII of 1950) (hereinafter called "the Act'), if the people violate the said Act; (iii)to exhibit Boards, placards and press into service other means of communication to prevent transportation of animals to the temple from other districts and to install police check-posts in the entry points of the District so as to prevent the animals from entering the venue; (iv)to give due publicity about the prohibition of animal sacrifices in the electronic media and also in all the Newspapers; and (v)to warn the leaders not to perform "Disthi Pooja' (worship to ward off evil) which will take place in the early hours of 16-1-1999 as a prelude to the massive animal sacrifices spreading over 3 to 4 days in the first week of February 1999 during Lingamanthula Swamy Jatara in Durajapalli Village, Chimvella Mandal, Near Suryapet at the Shrine of Sri Lingamanthula Swamy and Chamundeswari temple by strictly enforcing the provisions of the Act. 3. The respondents have filed counter-affidavits. In the counter-affidavit filed by the respondent No.3, the Superintendent of Police, Nalgonda District, it is stated that there is a custom of celebrating Bi-Annual "jathra' of Sri Lingamanthula Swamy and for the current year it would be commenced on 10-2-2001. According to him, devotees from various places gather at the temple in large numbers for 3 to 4 days. They offer sacrifices of sheep to get the blessings of the deity. According to him, this practice is in vogue right from the inception of the Temple.
According to him, devotees from various places gather at the temple in large numbers for 3 to 4 days. They offer sacrifices of sheep to get the blessings of the deity. According to him, this practice is in vogue right from the inception of the Temple. It is specifically stated in the counter-affidavit that he had taken the following steps to discourage and curtail the sacrifice of animals. We may reproduce the relevant portions from the counter-affidavit of respondent No.3, which read: (i)'Pamphlets are being published and circulated to create a scare and awareness among the people and steps are taken to circulate the same even in the surrounding districts. (ii)Canvassing by effective sound system is being taken up about the ban on the sacrifices and the consequent punishments as per the Prohibition of Cruelty to Animals and Birds Act if the people violated the said Act. (iii)Boards and placards are being displayed on all roads leading to the temple prohibiting transportation of sheep from other districts. (iv)Wide publicity is being given about the prohibition of sacrifices through media, both audio and visual, and through the press media. (v)All political leaders and village elders have been advised to educate the general public to desist from sacrificing animals during Dishti Pooja. (vi)Police Check-posts are being opened on all important entry points to prevent the animals entering the venue.'- 4. The 3rd respondent further stated in the counter-affidavit that the activity of sacrifice of animals would be generally on its peak on the day when the Dishti Pooja is performed. It is also stated in the counter-affidavit that effective "bandobust' (security) arrangements are being taken for the peaceful celebration of "jathra' in consultation with the Revenue and Endowments Departments besides Festival Committee of the Temple. The presence of an Executive Magistrate is also ensured during "jathra' as a precautionary measure so as to meet any adverse law and order situation, if surfaced. It is further stated that necessary police force is also deployed for controlling law and order problems during the "jathra' period. The 3rd respondent also stated that no one would be allowed to sacrifice the animals in front of the holy temple and all possible measures would be taken to discourage and stop the sacrifice of animals in the premises of the temple during the "jathra'. 5.
The 3rd respondent also stated that no one would be allowed to sacrifice the animals in front of the holy temple and all possible measures would be taken to discourage and stop the sacrifice of animals in the premises of the temple during the "jathra'. 5. A close scrutiny of the counter-affidavit filed by the 3rd respondent will show that the authorities have taken all the necessary and appropriate steps required to discourage and curtail the sacrifice of animals. 6. We accept the counter-affidavits filed by the respondents and in particular the counter-affidavit filed by the third respondent and dispose of the matter by placing on record the statement made by the third respondent in the counter-affidavit. The respondents shall take similar steps in future also. There will be no order as to costs.