Mumbai: The Bombay High Court on Tuesday permitted animal sacrifices during Bakrid and Urs at a Dargah located within the Vishalgad Fort precincts in Kolhapur.
A vacation bench of Justices Neela Gokhale and Firdosh Pooniwalla clarified that the permission extends not only to the Dargah Trust but also to devotees participating in religious observances.
The court was hearing an application by the Hajrat Peer Malik Rehan Mira Saheb Dargah Trust, challenging a directive from the Deputy Director of Archaeology prohibiting animal slaughter within the fort premises.
The judges noted that a coordinate bench had already allowed the practice on June 14, 2024. “Considering fact that coordinate bench of this court in order dated June 14, 2024 has already dealt with the issue and had permitted prayer a of present IA, the same shall continue for festival of bakri eid, which is on June 7 and the Urs for four days from June 8 to 12,” the bench observed.
The June 2024 order had imposed certain conditions for sacrifices, including that they must take place only in a private, enclosed space—specifically, at Gate No. 19, which is privately owned by Shri Mubarak Usman Mujawar—and not in public areas.
The court emphasized that, “Needless to state, the same conditions, which have been imposed in June 14, 2024 order shall apply to the petitioners. This order also applies to devotees of dargah to come for sacrifice. We make it clear that conditions imposed shall be strictly complied with.”
The trust’s lawyers, Satish Talekar and Madhavi Ayyapan, informed the court that police were not allowing access to the Dargah after 5 pm. However, the bench said that this issue would be dealt with by the regular court.
The Dargah Trust had earlier approached the court in 2023 after receiving a communication from the Deputy Director of Archaeology banning animal sacrifice in the fort, citing the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act.
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The plea contended that the authorities had purportedly taken the decision on the basis of a 1998 judgment of the Aurangabad bench of the HC which held that animal sacrifice in the name of gods and goddesses in public places was strictly prohibited.
The trust argued that the sacrifice is an “age-old practice” conducted on private land 1.4 km from the fort, and that the meat is distributed to pilgrims and villagers nearby.
