Cutting cow beef in secrecy of house at best a law and order issue, not public order issue: Allahabad High Court quashes NSA detention

The Allahabad High Court recently observed that the cutting up of beef/ cow meat pieces “in the secrecy of one’s house”, which may be on account of poverty and hunger, would at best be described as a law and order issue and not a public order issue to warrant detention under the National Security Act (NSA). [Parvez and Others v. State of UP].A Division bench of Justices Ramesh Sinha and Saroj Yadav, made the observation while quashing the NSA detention of three persons, Irfan, Rahmatullah and Parvez, who were arrested for the alleged involvement in cow slaughter. .The three were part of a group stated to have been caught by the police cutting up beef pieces early on morning last year. .The Court found that the case of the three detenues, "which is a case of cutting cow beef in pieces in the secrecy of his own house, can at best be described as a matter affecting law and order and not public order.".The Court reasoned that the act of slaughtering a cow in the secrecy of one's own house in the wee hours of the day was probably because of poverty or lack of employment or hunger. .Such an incident would not stand on the same footing as a situation where cattle are slaughtered outside in the public view or where the flesh is publicly transported, which may disrupt public order, the Court said.."... the petitioners and co-accused were mutely arrested when they were found cutting a beef in the wee hours of the morning in the house of the petitioners. We also do not know whether the cause was poverty, lack of employment or hunger, which may have compelled the petitioners and the other co-accused to take such a step. It is thus, a matter of quality and degree whether the act has been done in public gaze and in an aggressive manner with scant regard to the sentiments of the other community or whether it has been done in a concealed manner, which can resolve the question whether the case is one involving public order, or is only a matter affecting law and order", the Court went on to remark..As such, having concluded that this was a case involving only a law and order situation at best, and not an infraction of public order, the Court ordered the release of the three detenues if not wanted in connection with some other criminal case. .In passing the verdict, the Court also factored in that there was no material to indicate that the detenues would repeat such activitiy in the future. .Case background.On July 12, 2020 the police officers on duty for maintaining law and order in Sitapur district, Uttar Pradesh were informed that two butchers have brought beef to a house after having slaughtered the cow elsewhere. .Acting n the information, the police raided the house of one, Rahmatullah and found that five persons were cutting a lump of beef into small pieces by banka..The arrival of the police is stated to have prompted all persons in the house to run away. Howver, two persons, Irfan and Parvez, were apprehended. They later disclosed the name of Rahamtullah and two others, Kurban and Rafi. .The recovered meat was examined by a veterinarian doctor, who concluded that it was cow beef. Cow slaughter and cow beef consumption is prohibited in Uttar Pradesh under the UP Prevention of Cow Slaughter Act of 1955..A First Information Report (FIR) was lodged under Section 3, Section 5 and Section 8 of the UP Prevention of Cow Slaughter Act, 1955 and Section 7 of the Criminal Law Amendment Act, 2013 against the detenues. .While they were in jail in connection with this FIR, another FIR under Section 2 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 was also lodged..Thereafter, a prevention detention order under the NSA was also issued against them, after the concerned authority opined that this was necessary to maintain public order, considering that they may be released on bail. .The government authorities alleged that when the news of the cow slaughter had spread in the area, villagers from the Hindu community had gathered near the house of the detenues in protest and that the communal harmony of the area was totally disturbed. .The counsel for detenues submitted that there was no need to direct their preventive detention merely on the basis of a solitary incident of cutting beef in the secrecy of their home. It was also pointed out that the detenues were already in the custody of the police authorities at the time..Appearing for the State, the Additional Government Advocate submitted that only the subjective satisfaction of the detaining authority that the action of the detenues could have disturbed the tempo of life was sufficient for clamping an order of preventive detention..Observations by the Court .The Court acknowledged that it may have limitations in considering the sufficiency of the evidence for ascertaining the factual involvement of the detenues. However it went on to opine that the Court can certainly examine whether the activities complained of have resulted in an infringement of public order or if the only involve a law and order issue..Upon reviewing the material placed on record, the Court found that it was not a case where public order was disturbed..The Court also noted that the detenues had no criminal history and that there was no material to indicate that they would again indulge in the activity of cutting cow beef in pieces to sell on being released from jail.."There was no specific denial in the counter affidavit of the District Magistrate, which simply mentioned that on the basis of the solitary incident the petitioners/detenues could be preventively detained," the Court noted..As such, the habeas corpus petitions were allowed by the Court and the NSA detention order was quashed..[Read order]