Gauhati High Court, Kohima Bench granted an interim stay against the State government notification banning commercial import and trade of dogs, dog markets and sale of dogs in the State.
After considering the submissions made by the counsel on behalf of the petitioners and the government advocate, Justice S Hukato Swu passed the order on Thursday pursuant to the interim prayer made by the petitioners that the impugned order be stayed pending the disposal of the present writ petition.
The court had on September 14 given opportunity to the respondents to file affidavit-in-opposition with the direction that interim would be considered thereafter.
However, the government advocate submitted that there was no response from the State respondents.
The court in the meantime ordered the State respondents to make all efforts to file their affidavit-in-reply and further listed the matter after winter vacation.
Counsel for the petitioners argued that if an executive exercise was made violating the fundamental rights of the citizens, the executive court orders could not stand the test of law. The counsel pointed out that orders to be implemented must have statutory backing.
The counsel further pleaded that the impugned order by the State government of July 4 July had been passed in the garb of cabinet decision, being basically an executive order and devoid of legislative backing, and was illegal.
Submitting that the petitioners are traders dealing in importing and sale of dog meat within the jurisdiction of Kohima municipality and has license issued by Kohima Municipal Council, the counsel argued that with the issuance of the impugned order their business and livelihood have been adversely affected, with the pandemic situation prevailing in the State only adding to their woes.
The petition was filed by Neizevolie Kuotsu and two others of Middle Midlane Kohima; Abei Zatsu of T.Khel Kohima village and Ketounyuu of D.Khel Kohima village.