Ferrying cattle not crime, court swamped with so many false cow slaughter cases: Allahabad HC

Lucknow: Transporting cattle within the state does not constitute a crime, the Lucknow bench of Allahabad High Court has said.

The court noted that it is facing a flood of cases in which people are being framed under the Cow Slaughter Act.

Taking a serious view of the matter, the court directed the principal secretary, home, and the director general of police to file personal affidavits regarding the steps being taken to prevent misuse of the Cow Slaughter Act.

The court cautioned the two officers that if their affidavits were not filed by November 7, they would have to appear in person and respond.

It also asked these two top officers as to why heavy fines should not be imposed on the government in such cases.

A bench of Justice Abdul Moin and Justice AK Chaudhary passed the order on October 9, on the petition of Rahul Yadav, a resident of Pratapgarh.

The court gave the ruling on the petition that pleaded that the police were harassing him solely because a vehicle carrying cattle (progeny of a cow) was registered in his name.

The petition said the vehicle carrying nine cattle heads was being driven by his driver.

The petitioner argued that he had no intention of slaughtering the cattle, and therefore, implicating him under the Cow Slaughter Act was wrong.

Hearing the submission, the court ordered the police not to take any coercive action against the petitioner.

"The matter cannot be treated to be so simple inasmuch as this Court is deluged with such matters on the basis of First Information Reports being filed left and right by the authorities and complainants under the provisions of the Cow Slaughter Act," the bench observed.

The bench cited previous decisions to state that merely transporting cattle within the state is not a crime, nor is preparing to slaughter cattle.

In the present case, the court found that all nine cattle heads were unharmed and not slaughtered and were being transported from Amethi to Pratapgarh, and therefore, the petitioner's implication under the Cow Slaughter Act was unjustified.

The court, all the same, did not stay the investigation and directed the petitioner to cooperate with the police.

The court also sought replies from the two officers on the steps taken by the government to curb mob violence and vigilantism being practised by some people and outfits in cow matters.