Gau Raksha Dal Raiding Citizens' House Amounts To Taking Law Into Own Hands: Punjab And Haryana HC

Name of the Case

Mubbi alias Mubin v. State of Haryana

What was the issue

• The respondents found a bull, a cow and a calf tethered in his house and also found items of slaughter.
• They proceeded to file an FIR under Section 3 and 8 (1) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Section 511 of the Indian Penal Code.

What did the petitioner say

• A petition was filed by Mubin seeking anticipatory bail and states that the local Gau Raksha Dal had allegedly raided his house.
• The petitioner had contended that Section 3 of the Act prohibits cow slaughter and in the case no evidence for the same has been found and would not attract Section 8 as well because it relates to sale of beef.
• The respondents are not authorised personnel to raid the houses.

What was the decision

• The Additional Advocate General for the State of Haryana was asked to address the Court on the powers of vigilantes to raid houses.
• The petitioner was granted the anticipatory bail and was directed to cooperate with the investigation process.
• He was to be granted interim bail under the Section 438 (2) of Cr.P.C. owing to the satisfaction of the IO/SHO.
• The Justice Sudhir Mittal observed that such kind of actions are illegal and is contrary to rule of law as the individuals are taking matters into their own hands.

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