Allahabad High Court Upholds NSA Detention in Cow Slaughter Case During Navratri-Eid
The Allahabad High Court has firmly upheld the preventive detention of three individuals accused of illegally slaughtering cows in Jalaun district on March 30, 2025. This date marked a significant convergence, being the first day of Chaitra Navratri and coinciding with Eid, a factor the court emphasized in its ruling.
Court's Rationale on Timing and Public Order
A division bench comprising Justice Chandra Dhari Singh and Justice Devendra Singh-I delivered the judgment, dismissing habeas corpus petitions filed by Hasnen, Saiyyaj Ali, and Sikandar. The court underscored that the incident's timing had the clear potential to ignite inter-community tensions and severely disturb public order.
The bench observed: "The slaughter of bovine animals by the accused on the first day of Navratri, in circumstances where the cow is venerated as sacred by the Hindu community, was not merely a criminal act. It was an act that directly and foreseeably struck at the religious sentiments of a significant section of the community at a moment of heightened communal sensitivity."
Background of the Case and Legal Proceedings
The case originated when police received information on March 30, 2025, about 7-8 persons engaging in illegal cattle slaughter in Jalaun. Upon investigation, authorities claimed recovery of two to three quintals of beef, knives, and other materials. One accused was arrested on the spot, while others, including the three petitioners, were named subsequently.
An FIR was lodged on March 31, 2025, at Kotwali Kalpi police station under multiple sections:
- Sections 3/5/8 of the UP Prevention of Cow Slaughter Act, 1955
- Section 11 of the Prevention of Cruelty to Animals Act, 1960
- Sections 4/25 of the Arms Act, 1959
The three petitioners were taken into judicial custody between March 31 and April 11. The District Magistrate of Jalaun invoked section 3(2) of the National Security Act (NSA), 1980, on April 25 and April 28, directing their preventive detention.
Procedural Compliance and State Approval
The detention orders were subsequently approved by the state government and referred to the Uttar Pradesh Advisory Board under section 10 of the NSA. The detenues appeared before the board on May 28, which opined that sufficient cause existed for their preventive detention. Following this, the government confirmed the detention for a period of 12 months.
The high court meticulously reviewed the procedural aspects, holding that all safeguards under the NSA were duly complied with. The court affirmed the detention orders passed by the District Magistrate, emphasizing that the procedural requirements had been met and the orders were based on relevant material.
Petitioners' Arguments and Court's Rejection
The petitioners moved the high court, arguing that they had been falsely implicated. They contended that the matter pertained to "law and order" rather than "public order," and that the detention orders were passed without proper application of mind, violating Articles 14 (right to equality) and 19 (right to freedom and speech and expression) of the Constitution. They also submitted that they had no prior criminal history.
The court rejected these arguments, clarifying that preventive detention is inherently preventive, not punitive. The bench stated that courts do not sit in appeal over the subjective satisfaction of the detaining authority. Finding no grounds for interference, the court declined to exercise its habeas corpus jurisdiction, thereby upholding the detention.
This ruling reinforces the judiciary's stance on maintaining public order during sensitive periods, highlighting the legal framework's emphasis on preventive measures under the National Security Act.
