J&K HC sets aside earlier order on cow slaughter

Observing that India has no state religion and the judiciary can not direct the state government to legislate a particular law or enact it, a three-judge bench of Jammu and Kashmir High Court on Friday set aside an earlier order directing enforcement of a ban on bovine slaughter and sale of beef.

The court had kept in abeyance for two months the order of the Jammu bench of the high court asking police to strictly enforce the provision of the Ranbir Penal Code that prohibits voluntary slaughtering and sale of bovine animals. As the Bench, which comprised Chief Justice H L Dattu and Justice Arun Mishra, expressed its view that no trouble was expected, the Petitioner, Parimoksh Seth sought permission to withdraw his fresh plea.

However, a week later the Srinagar Bench of the High Court had entertained a PIL seeking scrapping of the provisions in RPC banning cow slaughter and salenof beef. The J&K government, the court said, has to consider reviewing of existing laws and take policy decision within the framework of the Constitution. The net result is that the position as it existed before PIL was filed at Jammu has been allowed to continue with directions to the government.to consider the issues.

This was to examine the validity of penal provisions that bans slaughtering of cattle and sale of beef in the state.

The Apex Court had said, “Since there are conflicting expressions given by two Division Benches of the High Court, we request the learned Chief Justice to constitute a Bench of three learned Judges to take a decision on writ petitions”.

Court said the “Indians” can not be subjected to discrimination on the ground of religion, race, place of birth or descent as an inbuilt mechanism is made to guarantee “Indians” right to profess their religion and faith. “The religion, when exploited for serving individual or particular groups’ interests, corrupts pure minds of innocent people and has the potential of creating disorder and anarchy in the society”.

The full bench met at 10:30 am to listen to the petitioners. After the High Court reassembled it announced the judgment.

Earlier, the Law minister Syed Basharat Bukhari had told Legislative Council that nobody can stop Muslims from eating beef in the State.