Lucknow: Observing that ‘slaughtering a cow in the secrecy of the house itself may be due to poverty or lack of work or hunger, it may only involve law and order, and not public order, the problem’, Lucknow bench the High Court Allahabad has canceled the arrangement command that was continued below National Security Law (NSA) of three residents of Sitapur.
The court said that they had been detained under the NSA for a solitary case in the cattle slaughter law and that there was no evidence of the record to show that they would repeat the crime to be released.
Bench of Hakes Ramesh Sinha and Justice Saroj Yadav passed the order on August 5 which allowed three Habeas Corpus Writ petitions to be transferred by three brothers – Pervez, Irfan and Rahmatullah – separately and ordered their release with connections with several other criminal cases.
Sitapur Police have booked three laws of Slaught Cow on July 12, 2020.
According to the prosecution, the police have acted on a tip-off by the informant that after slaughtering cattle elsewhere, beef was taken to Rahmatullah’s house and his brother and two butchers made pieces small pieces for sale.
The defendant could be arrested in place if the police acted quickly, the informant had told the police.
On this basis, the police stormed Rahmatullah’s house and found that five people cut bumps of beef in small pieces by Banka and immediately after the police party entered the house, they began to escape, prosecution.
said, adding “However, Irfan and Pervez were arrested in place.
Both revealed the name Rahmatullah and two people accused of others.” After that, all were accused of being ordered under the Gangster law and the police and the administration moved to order it under the NSA also on August 14, 2020.
Challenging the detention order of August 14, 2020, the Advisor to the Narendra Gupta applicant begged that the NSA was slapped based on a solitary incidence where not There is material to conclude that repetition of possibilities, the sequence of detention is not justified.
Against the petition, state advice begged that the NSA can be worn even based on one case and is a subjective satisfaction of the authorities to pass the sequence of detention.
He also stressed that the arrest of detention was enforced by the Advisory Board and the same as it was sustainable.
Given that the defendant was beaten in the house, while cutting beef into several parts, the bench was observed, “the action of slaughtering a cow in the secrecy of the house itself in wee time may be due to poverty or lack of work or lack of work, it may only involve legal and order problems And it cannot be said to stand on the same footing with a situation where a number of cows have been slaughtered outside in public views and their meat public transportation or incidents in which aggressive attacks are made by the Slaughterers against the complaining public, which might involve violations of public order.
” Placing the sequence of detention on August 14 2020, the bench added, “The Applicant’s actions can be best described as a problem that influences law and order and not public order.
In addition, there is no material to achieve conclusions for detention.
That the applicant will repeat the activities in the future .
” “NS Remember the above, all Habeas Corpus petitions on it are successful and permitted.
Detention stairs on August 14, 2020, and consequential orders to be canceled.
Detenues / applicants will be released as well as possible unless they want to relate to several other criminal cases, “said the court.