Gauhati HC Stays Cabinet Order For Ban On Import & Trade Of Dog Meat In Nagaland

Gauhati High Court Stays Cabinet Order For Ban On Import & Trade Of Dog Meat In Nagaland

Kohima, November 26 (NEx): The Gauhati High Court, Kohima Bench on Wednesday, November 25, 2020 passed a stay order on the cabinet decision to ban the commercial import and trade of dog meat in markets and restaurants in Nagaland which was issued on July 04, 2020 by the Chief Secretary of Nagaland citing Food Safety Standard regulations.

Gauhati High Court, Kohima Bench order pronounced before the Hon’ble Mr. Justice S. Hukato Swu on Wednesday, reads out ‘The Judge is of the view that the impugned order dated July 04, 2020 may be stayed until the next returnable date and accordingly order so.’

The Court also directed the State respondents to make all efforts to file their affidavit-in-reply. Further, the matter shall be listed after the winter vacation, stated the order.

Earlier, on July 03, 2020 Nagaland Chief Secretary has informed about the decision of the Nagaland Government to ban commercial import and trading of dogs, dog markets and also the sale of dog meat, both cooked and uncooked which came into effect from July 04, 2020 in the state.

Petitioners who are traders dealing in import and sale of dog meat within the jurisdiction of Kohima Municipality under licenses issued by KMC challenged the order issued by the Government of Nagaland, to ban the trade of dog meat.

The petitioners has moved the Court basically on three grounds, that the Chief Secretary is not statutorily empowered to pass such orders on Food & Safety, and the procedural steps under the Food Safety Standards Act was not followed and that, if an executive exercise is made violating the fundamental rights of the citizens, the executive Court orders cannot stand the test of law. Orders to be implemented must have statutory backing, it said.

With the issuance of the impugned order their business and livelihood has been adversely affected adding to the pandemic situation prevailing in the State, to which, the advocate of the petitioners has prayed that the impugned order be stayed pending the disposal of the present writ petition. Accordingly, the High Court Judge of Kohima Bench passed a stay order until the next returnable date.

(Photo Credit: Naga Gigs)