LUCKNOW: Observing that ‘slaughter of a cow in the privacy of one’s own home, perhaps because of poverty or lack of employment or hunger, would probably involve only a law and order, and not a public order, issue’, Allahabad High Court’s Lucknow A detention order passed under the bench has been quashed national security act ( NSA) against three Sitapur Residents.
The court said that he has been detained under the NSA in a solitary case UP Cow Slaughter Act And there was no evidence on record to show that they would repeat the crime when released.
bench of justice Ramesh Sinha and justice Saroj Yadav The order was passed on 5 August allowing transfer of three habeas corpus writ petitions by three brothers – Parvez, Irfan and Rahmatullah – separately and ordered their release unless so desired in connection with any other criminal case.
Sitapur police had registered a case against the trio under the UP Cow Slaughter Act on July 12, 2020. According to the prosecution, the police acted on a tip-off by an informer that beef was brought to the cow’s house, after the cow was slaughtered elsewhere. Along with Rahmatullah and his brother, two butchers were also making small pieces to sell. The informer had told the police that if the police acted swiftly, the accused could be nabbed on the spot.
Based on this information a police team raided Rahmatullah’s house and found that five men were cutting beef bales into small pieces by Banka and as soon as the police team entered the house, they started running, the prosecution said. “However, Irfan and Parvez were arrested on the spot. Both disclosed the names of Rahmatullah and two other co-accused,” he added.
Subsequently, all the accused were booked under the Gangster Act and the police and administration also booked them under the NSA on August 14, 2020.
Challenging the detention order dated August 14, 2020, counsel for the petitioners, Narendra Gupta, argued that the NSA was slapped on the basis of a single incident where there was no material to infer that there was a possibility of recurrence, the detention The order was not proper.
Opposing the petitions, the counsel for the state argued that NSA can also be imposed on a case to case basis and it is the subjective satisfaction of the authorities to pass the detention order. He also emphasized that the detention order was upheld by the advisory board and thus was sustainable.
Considering that the accused were caught inside the house, cutting beef into pieces, the bench said, “Slaughter of a cow in the privacy of one’s own house early in the morning, perhaps because of poverty or lack of employment or hunger, Perhaps only a law and order issue would be involved and cannot be said to stand on the same footing as a situation where many cattle have been thrown out of public view and their meat is in public transport or an incident Where an aggressive attack is made by the slaughterers against the complaining public, which may involve a breach of public order.”
While setting aside the detention order dated August 14, 2020, the bench said, “The act of the petitioners can be described as a matter affecting law and order and not public order. Further, the authorities are liable to be detained.” There was no material to take in the conclusion that the petitioners would repeat this activity in future.”
“In view of the above, all the above habeas corpus petitions stand successful and are allowed. The detention order dated 14th August, 2020 and the impugned consequential orders are set aside. The prisoners/petitioners shall be released till Not wanted in respect of some other criminal case,” the court said.
The court said that he has been detained under the NSA in a solitary case UP Cow Slaughter Act And there was no evidence on record to show that they would repeat the crime when released.
bench of justice Ramesh Sinha and justice Saroj Yadav The order was passed on 5 August allowing transfer of three habeas corpus writ petitions by three brothers – Parvez, Irfan and Rahmatullah – separately and ordered their release unless so desired in connection with any other criminal case.
Sitapur police had registered a case against the trio under the UP Cow Slaughter Act on July 12, 2020. According to the prosecution, the police acted on a tip-off by an informer that beef was brought to the cow’s house, after the cow was slaughtered elsewhere. Along with Rahmatullah and his brother, two butchers were also making small pieces to sell. The informer had told the police that if the police acted swiftly, the accused could be nabbed on the spot.
Based on this information a police team raided Rahmatullah’s house and found that five men were cutting beef bales into small pieces by Banka and as soon as the police team entered the house, they started running, the prosecution said. “However, Irfan and Parvez were arrested on the spot. Both disclosed the names of Rahmatullah and two other co-accused,” he added.
Subsequently, all the accused were booked under the Gangster Act and the police and administration also booked them under the NSA on August 14, 2020.
Challenging the detention order dated August 14, 2020, counsel for the petitioners, Narendra Gupta, argued that the NSA was slapped on the basis of a single incident where there was no material to infer that there was a possibility of recurrence, the detention The order was not proper.
Opposing the petitions, the counsel for the state argued that NSA can also be imposed on a case to case basis and it is the subjective satisfaction of the authorities to pass the detention order. He also emphasized that the detention order was upheld by the advisory board and thus was sustainable.
Considering that the accused were caught inside the house, cutting beef into pieces, the bench said, “Slaughter of a cow in the privacy of one’s own house early in the morning, perhaps because of poverty or lack of employment or hunger, Perhaps only a law and order issue would be involved and cannot be said to stand on the same footing as a situation where many cattle have been thrown out of public view and their meat is in public transport or an incident Where an aggressive attack is made by the slaughterers against the complaining public, which may involve a breach of public order.”
While setting aside the detention order dated August 14, 2020, the bench said, “The act of the petitioners can be described as a matter affecting law and order and not public order. Further, the authorities are liable to be detained.” There was no material to take in the conclusion that the petitioners would repeat this activity in future.”
“In view of the above, all the above habeas corpus petitions stand successful and are allowed. The detention order dated 14th August, 2020 and the impugned consequential orders are set aside. The prisoners/petitioners shall be released till Not wanted in respect of some other criminal case,” the court said.
.