"If it is a question of practice of non-violence by the Jain community, then why only mutton and chicken have been included in the ban and not fish and eggs?" the court asked the ban, an issue which has kicked up a political storm with questions being raised on intrusion into eating habits of people.
As the matter reached the High Court with the city meat sellers's body challenging it, the Municipal Corporation of Greater Mumbai (MCGM) had last week dropped the two-day ban it imposed, apart from the two days of ban on slaughter and sale of mutton and chicken clamped by the state Government.
A division bench of Justices Anoop V Mohta and Amjad Sayyed in their order also noted that that though the Maharashtra government had issued a circular as back as in 2004 banning meat sale for two days it was never implemented "in its true sense."
The court, which had taken a sharply critical view of the issue right from the start and made some stinging remarks during the hearing, said there had been inconsistency in the stands of MCGM and the state government.
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"Although the circular was of 2004, we are very clear that the MCGM never fully implemented the ban on sale of meat. It never insisted on this (ban on sale of meat), but only insisted on closure of abattoirs," the court said.
"We are only going by the law and not dealing with this matter via sentiments and political things," the judges further observed.
The court posted the petition for final hearing after four weeks.
Barring the BJP, major parties including Shiv Sena, which is the dominant ruling partner in the MCGM, had opposed the ban. The Sena as well as Maharashtra Navnirmal Sena (MNS) hit the street on September 10 defying the ban.