SC refuses to stay new jallikattu legislation

In a relief to Jallikattu supporters, the Supreme Court on Tuesday refused to stay the new legislation passed recently by the Tamil Nadu assembly but warned the state government not to allow commotion on the streets, reminding that law and order was its prime duty. The apex court also permitted the Centre to withdraw the January 7, 2016 notification allowing Jallikattu in Tamil Nadu.

"What was the need for the situation? Why does this situation crop up? There was a situation which needed to be controlled. Please tell your executive that maintaining law and order situation is its prime duty. You please convey this," a bench of Justices Dipak Misra and R F Nariman told the advocates appearing for Tamil Nadu.

The apex court permitted animal rights bodies and other individuals to amend their pending petitions for challenging the new legislation.

During the hearing, Attorney General Mukul Rohatgi said the Centre has filed an interlocutory application seeking to withdraw the January 7, 2016 notification and stated that petitions challenging it had become infructous.

Animal rights organisations which have challenged the notification opposed Centre's plea and said the application to withdraw the notification was not maintainable at this stage when the court has reserved its order on December 7, 2016.

"Notification is an executive act and legislature has given power to the executive to do that. There was a notification, which we have stayed. Now there is a legislation which we will deal with," the bench said.

The Attorney General said the notification is a delegated legislation and petitions challenging it can no more be sustained and the parties could file fresh pleas challenging the new law.

To this, the bench said it was upto the petitioners to either file fresh writ petitions or file interim applications amending the prayers in writ petitions. Rohatgi then said the parties should be asked to approach the High Court as the challenge is now to the new act enacted by the state government.

"The Supreme Court should not entertain the petitions and petitioners should be asked to approach the High Court which has the jurisdiction over the the local law of the state," he said.