A dog for sale at a market in Dimapur. (Morung File Photo)
Morung Express News
Kohima | April 25
The Gauhati High Court, Kohima Bench has delivered a split verdict on writ appeals challenging a 2023 Single Judge judgment that had set aside the Nagaland Government’s 2020 notification banning the commercial import and trading of dog meat in the State.
The Division Bench comprising Justice Budi Habung and Justice Robin Phukan had reserved judgment on January 22.
According to the operative portion pronounced in open court on April 22, Justice Habung dismissed the writ appeals as being devoid of merit and affirmed the June 2, 2023 judgment passed by the Single Judge Bench.
However, Justice Robin Phukan delivered a dissenting opinion, allowing the appeals and setting aside the Single Judge verdict.
With the two-member Division Bench delivering divergent views, the final legal effect remains subject to the detailed written judgment.
In some split-verdict cases, the appealed judgment continues to operate for want of a majority to overturn it, while in others, the matter may be before the Chief Justice for appropriate orders, including possible reference on points of difference.
Until further orders, the 2023 Single Judge judgment is generally understood to continue operating.
However, the detailed written judgment is awaited for clarity on the legal effect of the split verdict and the next course of proceedings.
At present, the High Court’s online Case Information System lists the status of the appeals as “Dismissed.”
The earlier judgment had quashed the Nagaland Government’s July 4, 2020 notification imposing a blanket ban on the commercial import of dogs and dog markets, as well as the commercial sale of dog meat in markets and dine-in restaurants.
The original writ petition was filed in 2020 by traders engaged in the supply and sale of dogs and dog meat in Nagaland, contending that the notification violated their fundamental rights under Articles 14, 19 and 21 of the Constitution and had been issued without due legal authority.
In its 2023 judgment, the Court had observed that consumption of dog meat was appeared to be an accepted food practice among sections of the Naga community and that the petitioners had been earning their livelihood through the trade. It had also held that the executive could not prohibit such trade and consumption in the absence of a law enacted by the legislature.
The Court had further noted that the Chief Secretary was not the competent authority under the Food Safety and Standards Act, 2006, to issue the impugned notification.
Following the June 2, 2023 verdict, People for Animals and Humane Society International/India filed writ appeals before the Division Bench. The Akhil Bharat Krushi Go Seva Sangh was later impleaded in the matter.
