Allahabad High Court quashes custody to accused of cow slaughter under NSA

cow law insider in

Shivangi Prakash-

Published on: August 13,2021 12:35 IST

While hearing habeas corpus petitions submitted by three cow slaughter suspects, the Allahabad High Court’s Lucknow Bench annulled the custody order issued against them under the National Security Act (NSA).

The Court further stated, citing a Supreme Court precedent, that NSA should not be imposed on anyone based on the chance of receiving bail.

On the applications submitted by Parvez, Irfan, and Rahmatullah, Justice Ramesh Sinha and Justice Saroj Yadav issued the order.

Sitapur police apprehended Parvez and Irfan when they were butchering the cow on July 12, 2020, and Rahmatullah was arrested the next day.

Later, the Uttar Pradesh Gangster Act was used to prosecute these defendants. In the incidents of cow slaughter and gangster acts, the suspects were granted bail, although action was taken against them under the NSA before that.

The accused persons can be released on bond and after coming out, according to the NSA action, but they are likely to perpetrate the crime again.

On this, the Court, noting the Supreme Court’s observation, flatly rejected theState Government’s argument.

In its ruling, the Court stated that slaughtering a cow in the privacy of one’s own home, owing to poverty, a lack of employment, or hunger, would likely be a law and order issue rather than a public order one. It cannot be likened to a situation in which a large number of cattle are slaughtered in full front of the public, or where the slaughterers attack protesting citizens or public transportation of beef.

Also Read- Religious Animal Slaughter Restrictions in India and worldwide

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