Gujarat court orders FIR against cops, cow vigilante for false case against cattle owner

Additional Sessions Judge Parvezahemad Malaviya in his order on Tuesday acquitted cattle owner Ilyas Daval and driver Nazir Malek, holding that the prosecution could not produce even 'a bit of evidence' to show that they were transporting animals for slaughter.

Ahmedabad: A court in Panchmahal district has ordered five including three policemen and two panch witnesses, both cow vigilantes, to be booked for filing a false case against two persons for transporting animals for the purpose of slaughter. The court has found the two witnesses, who appeared as witnesses in many similar offenses, falsely testified against the accused.

The court has ordered the state government to return the cattle, including a jersey cow, a buffalo and a calf to the accused in the next 30 days from the custody of animal shelter (Jivkalyan Panjrapole Trust) and in case the shelter is unable to do so, the government will to have to pay Rs80,000 along with simple interest at 9 percent from the date of seizure. The order states that the government will be at liberty to recover the amount from the animal shelter.

The order was pronounced by a sessions court in Panchmahal on Tuesday. While acquitted the two men, who were charged for cruelty among others, the court held, "...so it is proved that a totally false complaint was given against the accused persons by the complainant. The panchas, who are gaurakshaks, have abated in said false prosecution by remaining as panchas, the other police official has also corroborated in said act and finally the investigating officer was required to investigate the crime in proper and judicious manner, but he has not done so and has submitted the chargesheet against the accused persons for the offences, which was not committed by them nor was made out."

In 2022, the Godhra police had filed an FIR at 'B' division police station against Nazirmiya Safimiya Malek,31, a resident of Rudan in Kheda taluka and Ilyas Mohammad Daval, 48, a resident of Godhra under various sections of Animal Preservation (amendment) Act, 2017, animal cruelty act, among other charges. The maximum punishment, if proven guilty, would have attracted upto ten years imprisonment.

Malek was driving a pick-up truck carrying a cow, a buffalo and its calf when he was stopped by the policemen during patrolling at Vasapur village in Godhra. In the FIR, the police stated that there was no fodder and water for the animals and were tired with short rope in the truck as their purpose was to slaughter them.

The court order states how the prosecution failed to prove the case beyond reasonable doubt and evidence suggested that the accused were booked in a false case. Court has found the police didn't carry out proper investigation to prove that the cattle was purchased for slaughter. Instead, the accused gave documentary evidence to prove he was in the dairy business.

The court has ordered a criminal case against constables Ramesh Narvatsinh, Sankarsinh Sajjansinh and police sub-inspector M S Munia along with panch witnesses Margesh B Soni and Darshan P Soni.