Cow Slaughtering In Secrecy Due To Poverty, Unemployment Or Hunger Is Not A Matter Involving Public Order: Allahabad HC

Case Background

• The residents of the Emalia village had informed the police that five persons were cutting beef for selling purposes. The police raided the house and arrested two persons on the spot. One more person was arrested the next day.
• These accused were sent to jail, and a FIR under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 7 of the Criminal Law Amendment Act, 2013, was registered against them. Another FIR was later lodged under the U. P. Gangsters and Anti-social Activities (Prevention) Act, 1986.
• The petitioners/detenues’ bail application was rejected by the Magistrate-I of Sitapur District. The rejection order was challenged before the District & Sessions Judge, Sitapur, and the hearing was fixed on 14th August 2020.
• In the meantime, the matter was heard by the District Magistrate, Sitapur who ordered for detention of the petitioners on 14th August 2020 under Section 3(2) of the National Security Act, 1980.
• The matter was later placed before the U. P. Advisory Board (Detention) which affirmed the impugned order. The State Government, on 6th November 2020, extended the detention period for six months.
• The petitioners have filed this suit stating that their bail application was accepted by the District & Sessions Judge, Sitapur, and also that they have challenged the District Magistrate’s order dated 14.08.2020 which has not been rejected by the Magistrate yet.

Petitioners’ Submissions

• The petitioners submitted that the preventive detention order, under Section 3(2) of the NSA is liable to be quashed because the authorities have not stated any material reason for passing this order.
• Out of the five accused, it were only the two co-accused, who were engaged in cow slaughtering and the petitioners had no role in it. Further, their activities are in no way prejudicial to public order, it was submitted.
• The presumption that releasing petitioners on bail would allow them to commit the offence further, which would disturb public peace and order is a bald observation, the petition stated.
• Further, it also alleged that detaining them solely on the grounds stated above is violative of Article 21 of the Indian Constitution.
• Respondents’ Submissions
• The Respondents submitted that the residents of the village were outraged at the incidence of cow slaughter, and that to maintain public peace and order, detention was inevitable.
• It was also submitted that the acts committed by the accused were against the sentiments of the Hindus and that had adversely affected the Hindu-Muslim harmony.
• It also instilled a sense of fear and terror amongst them, and consequently public order was disturbed and the crowd became belligerent.

Court’s Order

• The Allahabad High Court held that the instant case of cutting cow beef in secrecy is a matter affecting law and order and not public order.
• The Court opined that slaughtering of cow in secrecy cannot be equated with cow slaughtering in public view, therefore, the former can only be considered to involve a law and order issue unlike the other that involves public order.
• It also observed that there was no material reason or evidence in slapping the National Security Act against the petitioners.
• With these observations, the Court allowed the Habeas Corpus petitions and set aside the detention order dated 14. 08. 2020 and all the impugned orders passed thereafter.

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