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The Supreme Court on Thursday asked a top appeals court to reconsider a law that says it was illegal to kill or injure a cow with a rifle.
The court has asked the 9th appeals court to reconsider the case of the Maharashtra Pollution Control Board, the apex court said.
“The petitioner has raised an issue of law under the Prevention of Cruelty to Animals Act on that there is no prohibition to kill or injure a cow by a rifle during the hunting season,” the bench headed by Chief Justice Dipak Misra said.
“This is a serious question of law,” the bench said.
The Bombay High Court had earlier said that India has no provisions for killing an animal during hunting season of a national wildlife sanctuary.
The bench then said the apex court should now review the Gujarat High Court’s ruling that a person is not liable for hunting with a firearm of any kind between sunrise and sunset if it is for the safety or the hunting of deer or other animals.
“The Gujarat Supreme Court has in the same breath, held that a person is liable for shooting with a rifle during the hunting season of National Wildlife Sanctuary if he has committed any offence under the Wildlife (Protection) Act, 1956 and the Hunting Act, 1966,” it said.
The bench added that “even though the Gujarat Supreme Court has held that an offence under the Wildlife ( Protection) Act does not extend to people who have merely committed hunting while hunting deer or any other animal, nevertheless, the present case is a good cause for revisiting the Gujarat High Court judgement.”
On Tuesday, lawyers for the board argued that only a hunting incident would amount to an offence under the Prevention of Cruelty to Animals Act (PCA).
This will pave the way for tougher penalties, the lawyers claimed, and they sought to refer the matter to the Supreme
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