Kohima: In a jolt to the Nagaland government, the Kohima Bench of the Gauhati High Court has quashed the order which banned commercial import, sale and purchase of dogs along with the sale of dog meat in restaurants. The dog market was banned.
Justice Marli Vankun-led bench gave its verdict on June 2, saying that the Chief Secretary of Nagaland was not the appropriate authority to issue the order related to the ban on July 4, 2020.
State government had banned
The state cabinet banned the commercial import and trade of dogs, as well as the sale of both raw and cooked dog meat in the dog market.
Responding to the petition filed by the state government against the ban citing the provisions of the Food Safety & Standards (Food Products Standards and Food Additives) Regulations, 2011 Two and a half years ago in November 2020, the single bench of the High Court temporarily suspended this ban after failing to give.
Municipal council filed a petition
The petition was filed in the High Court on behalf of traders who have obtained licenses to import dogs and sell dog meat under the Kohima Municipal Council, challenging the legal basis and jurisdiction of the ban. Went.
The petitioners admitted that the government notification was misinterpreted and more reliance was placed on the Food Safety Act.
The court said that the focal point for consideration is whether the Food Safety and Standards Authority of India (FSSAI) has acted beyond its delegated powers by issuing its August 2014 circular, which stated that Food Product Standards and Food Regulation 2.5 of the Additives Regulation 2011 has defined. Animals, carcasses and meat in which sub-regulation 2.5.1(a) defines “animal”, and whether in pursuance of the circular the State of Nagaland had issued the impugned notification dated 4th July 2020.
Justice Vankun noted that dogs were not mentioned under the definition of 'animals', adding that this was not surprising as dog meat was consumed only in some parts of the northeastern states. .
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