Judgement

It is clear from the aforesaid observation that absolute ban on slaughter of bulls and bullock is not necessary for complying  with Article 48 of the Constitution.

In view of the Aforesaid decisions of this Court the only conclusion which ca n be arrived at is that the inclusion of bull or bullock in sub-clause (a) of subsection  (1) of section (4) of the Madhya Pradesh Agricultural Cattle Preservation Act, 1959, brought about by the Amending Act of 1991 has imposed an unreasonable restriction on the fundamental rights of the appellant and to that extent only the sub-clause is held to be ultra-vires. The effect of this would be that there would be a total ban on the slaughter of cow, calf of cow and calf of  she buffalo while the slaughter of bulls or bullock, along with other agricultural cattle shall fall under sub-clause (b) of Section4 (1) of the Act and they can be slaughtered after complying with provisions of the said sub-clause and obtaining a certificate  contemplated by sub-section (2) of section 4 of the said Act.

The appeal is accordingly allowed. The appellant will also be entitled to costs.

……………Sd/-……….CJI   

                                                                                            ……………Sd/-……….…

                                                                                           ( N.P. SINGH )

                                                                                          ……………Sd/-……….…

                                                                                            ( S.N. KIPRAJ )

NEW DELHI,

MAY  10,1996