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Court of Appeal sets aside animal sacrifice ban in Northern Province
View(s):The Court of Appeal (CoA) this week set aside the ban imposed by the Jaffna High Court (JHC), which prohibited animal sacrifice ritual in the Northern Province (NP), for the last 3 years.
In 2016, a writ application was filed before the JHC seeking an order prohibiting the animal sacrifice rituals in the NP, and the High Court, by issuing a judgement in October 2017, prohibited animal sacrifice rituals in the NP.
Kavunavathai NarasingaVairavar Temple Trustee President Sinnathurai Pushparajah filed a Revision Application in the CoA against the judgment and the same was argued before the CoA.
At the conclusion, the CoA set aside the judgement of the JHC and also dismissed the writ application filed in the High Court against the animal sacrifice.
The Court held that animal sacrifice, as a religious practice, cannot be performed in violation of the Law of the land. If any religious place, including a Kovil, is to slaughter animals as animal sacrifice, a licence, under the Butchers Ordinance, shall be obtained and also, shall not violate the provisions of the Cruelty to Animals Act.
The CoA also emphasised the adherence to By Laws relating to the Slaughter Houses published in the Government Gazette No. 52017 dated 23.08.1988.
Justice K.K. Wickremasinghe observed that then High Court Judge has clearly exceeded his limits by directing to serve notices and interim orders on people who are not parties to the action. “The learned High Court Judge has given directions to and made requests from various Government officials, including public representatives, to implement the Court order “very strictly”. There is no reason to personalise the matter,”
The CoA also granted costs of Rs. 50,000 to the Petitioner. K.V.S.Ganesharajan with Ms. Sarah George instructed by Ms. Deepiga Yogarajah appeared on behalf of the Petitioners. Mr. Luxmanan Jeyakumar appeared for the Petitioner-Respondent Sivakolunthu Sothimuthu, President of Ahilaillangai Saiva Maha Sabai and Senior State Counsel Manohara Jeyasinghe appeared for the State. The Bench comprised of Justices K.K. Wickramasinghe and Mahinda Samayawardhena.