“The High Court said that it will have no objection if legislators will go ahead and repeal the old law”, Faisal said. The sources claimed Sharma “had not informed the State Home Department as well as Divisional Commissioner Kashmir on filing of reply in the case”.
“We respect secularism in our country”, the bench observed when advocate Faisal Qadri, representing the petitioner, referred to a judgment by Supreme Court in support of his arguments. The court was hearing a writ petition challenging the constitutional validity of the ban, and has asked the state to file its response within one week.
Srinagar, Jammu and Kashmir: The Jammu and Kashmir high court has issued notice to the Mufti Mohammad Sayeed government on the beef ban and slaughter of bovine animals in the state.
Referring to the Article 25 of the constitution, he said freedom of religion and right to profess it is granted to all the persons including the Citizens of J&K by Indian and Jammu and Kashmir constitutions.
Hearing the petition, Jammu and Kashmir High Court last week directed the police to ensure that there is no sale of beef anywhere in the state and that strict action is taken against those who violate the law in this regard. It evoked sharp response and protests in Kashmir.
Under section 298A of RPC, killing or slaughtering a cow intentionally or ox and buffalo is a cognizable, non-bailable offence punishable with 10 years imprisonment and fine. Interestingly, the petitioner advocate Parimoksh Seth holds Deputy Advocate General’s post in state’s law department.
The PDP president even the largest political parties, who had two-third majority in the assembly, didn’t scrap the law, “Wherever the ban was imposed, authorities were forced to revoke it and allow the practice of slaughtering of bovine animals and sale of beef as usual”.
Opposition National Conference (NC) is planning to move a bill in the House in coming session in October this year to strike down the law. However, the BJP, which is in coalition with the PDP, says they would oppose any such legislation which would legalize cow slaughter and sale of beef in the state.