Introduction:

In a significant ruling that underscores the delicate balance between religious freedom and heritage conservation, the Bombay High Court has permitted the sacrifice of animals and birds at a Dargah located within the protected monument of Vishalgad Fort in Kolhapur district, Maharashtra, for the upcoming Bakri-Eid festival on June 7 and the Urs celebrations commencing from June 8. This decision, delivered on June 3, 2025, by a vacation bench comprising Justices Dr. Neela Gokhale and Firdosh Pooniwalla, reaffirms a similar order passed on June 14, 2024, allowing such sacrifices in a closed and private area near the Dargah, rather than in any open or public place. The court emphasised that the conditions imposed in the previous order must be strictly complied with this year as well.

Arguments:

Petitioner’s Perspective:

The Hajrat Peer Malik Rehan Mira Saheb Dargah Trust, represented by advocate Satish Talekar, challenged communications from the Director of Archaeology and Museums, the Superintendent of Police, Kolhapur, and the Chief Executive Officer of the Zilla Parishad, Kolhapur, which imposed a ban on the slaughtering of animals and birds at Vishalgad. The Trust argued that the actual animal sacrifice took place behind closed doors on private land nearly 1.4 km away from the Dargah at Vishalgad Fort, and not within the protected monument itself. They contended that the ban infringed upon their religious rights and traditions associated with Bakri-Eid and Urs celebrations. Furthermore, the Trust highlighted that the June 14, 2024, order had already addressed this issue, permitting the sacrifices under specific conditions.

Respondent’s Perspective:

The authorities justified the ban by citing Rule 8(c) of the Maharashtra Ancient Monuments and Archaeological Sites and Remains Rules, 1962, which prohibits cooking and consumption of food within the premises of a protected monument. They argued that the slaughtering of animals is part of the process of cooking food and, therefore, is prohibited within the protected area. Additionally, they referred to a July 23, 1998, judgment by the Aurangabad bench of the Bombay High Court, which strictly prohibited the slaughter of animals and birds in the name of God and Goddesses at any public place. The authorities maintained that these regulations were essential for the preservation of the protected monument and to maintain public order.

Court’s Judgment:

The Bombay High Court, acknowledging the previous order dated June 14, 2024, reiterated that the sacrifice of animals and birds is permitted during the forthcoming Bakri-Eid festival on June 7 and the Urs from June 8 to June 12, provided that the conditions imposed in the earlier order are strictly adhered to. The court clarified that this permission extends not only to the Dargah Trust but also to devotees participating in the religious observances. The sacrifices must take place only in a private, enclosed space—specifically, at Gate No. 19, which is privately owned—and not in public areas. The court emphasised that any other disputes or issues arising can be addressed by the regular bench after the summer break.