Supreme Court of India · 2005-10-26
State Of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat & Ors
- Court
- Supreme Court of India
- Petitioner
- State Of Gujarat
- Respondent
- Mirzapur Moti Kureshi Kassab Jamat & Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, B.N. Agrawal, Arun Kumar, G.P. Mathur, A.K. Mathur, C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court upheld the High Court of Gujarat's decision to strike down Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 as ultra vires the Constitution. The Court emphasized that the amendments made to Section 5 of the Bombay Animal Preservation Act, 1954 were unconstitutional as they infringed upon the rights guaranteed under Article 19(1)(g) of the Constitution, which provides for the right to practice any profession or to carry on any occupation, trade, or business. Consequently, the appeals were dismissed, affirming the High Court's ruling.