Amitha Muraleedharan
Gauhati High Court, Kohima Bench led by Justice S Hukato Swu passed an interim stay, opposing notification of the state government of banning commercial import and trade of dogs, marketing and sales of the dog in the State.
The court observed the submission made by the government’s counsel and the interim prayer made by the petitioners on 26th November.
The petitioners are the traders who market and sell the dog meat within the jurisdiction of Kohima municipality and have a license issued by Kohima Municipal Council. The state order adversely affected their livelihood.
Even though the court allowed time for the respondent to submit an affidavit in opposition with the direction that interim would be considered later, the advocate, representing the government, stated that the State respondents had not responded.
The court ordered the state government to file an affidavit in response.
The counsel appearing for the petitioner stated that if an executive order is against the fundamental right of a citizen, the court order could not stand the test of law.
The counsel also stated that order should be supported by law while implementing.
The counsel also argued that the order passed by the state government in July is an executive order, and it is illegal without legislative backing.
The court listed the matter after winter vacation.