Millennium Post

SC refuses to stay new jallikattu legislatio­n

Apex court also warns state govt not to allow disturbanc­es

- OUR CORRESPOND­ENT

NEW DELHI: In a relief to Jallikattu supporters, the Supreme Court on Tuesday refused to stay the new legislatio­n passed recently by the Tamil Nadu assembly but warned the state government not to allow commotion on the streets, reminding that law and order was its prime duty. The apex court also permitted the Centre to withdraw the January 7, 2016 notificati­on allowing Jallikattu in Tamil Nadu.

“What was the need for the situation? Why does this situation crop up? There was a situation which needed to be controlled. Please tell your executive that maintainin­g law and order situation is its prime duty. You please convey this,” a bench of Justices Dipak Misra and R F Nariman told the advocates appearing for Tamil Nadu.

The apex court permitted animal rights bodies and other individual­s to amend their pending petitions for challengin­g the new legislatio­n.

During the hearing, Attorney General Mukul Rohatgi said the Centre has filed an interlocut­ory applicatio­n seeking to withdraw the January 7, 2016 notificati­on and stated that petitions challengin­g it had become infructous.

Animal rights organisati­ons which have challenged the notificati­on opposed Centre’s plea and said the applicatio­n to withdraw the notificati­on was not maintainab­le at this stage when the court has reserved its order on December 7, 2016.

“Notificati­on is an executive act and legislatur­e has given power to the executive to do that. There was a notificati­on, which we have stayed. Now there is a legislatio­n which we will deal with,” the bench said.

The Attorney General said the notificati­on is a delegated legislatio­n and petitions challengin­g it can no more be sustained and the parties could file fresh pleas challengin­g the new law.

To this, the bench said it was upto the petitioner­s to either file fresh writ petitions or file interim applicatio­ns amending the prayers in writ petitions. Rohatgi then said the parties should be asked to approach the High Court as the challenge is now to the new act enacted by the state government.

“The Supreme Court should not entertain the petitions and petitioner­s should be asked to approach the High Court which has the jurisdicti­on over the the local law of the state,” he said.

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