Alld HC quashes NSA detention order against 2 in cow slaughter case
PRAYAGRAJ, May 30 -- The Allahabad high court has quashed a detention order passed under the National Security Act (NSA), 1980, against two men accused of cow slaughter as the alleged act took place within the four boundaries of a house and not in a public place.
The high court observed that due to the alleged act, which involved the slaughter of only one cow, there was no violence or disturbance of public peace and order or disturbance of communal harmony, which is necessary for imposition of detention under the NSA.
Allowing habeas corpus writ petitions filed by Isham and Samir, residents of Shamli, a division bench of Justice Rajeev Misra and Justice Dr Ajay Kumar-II directed that they be released immediately from custody.
The high court, in its judgment dated May 26, quashed the Shamli district magistrate's detention order along with the subsequent confirmation order passed by the state government.
The petitioner's counsel had challenged the detention order on the ground that the alleged act of the petitioners did not occur outside the boundaries of his house and therefore, was committed privately beyond public view.
It was also submitted that the counter-affidavit (replies) filed by the respondent state authorities contained no pleading that on account of the petitioner's act, there was communal violence resulting in a breach of public peace or injury to any person.
"Alleged incident occurred within the four boundaries of the house and not in public place. As a consequence of above, there was no violence or disturbance of public peace and order or disturbance of communal harmony", the court noted.
The court observed, "In view of the discussion made about, the inescapable conclusion is that detention order passed against the petitioner under the National Security Act, cannot be sustained either in law or fact. As such same is liable to be quashed by this court."
As per facts of the case, the Shamli district magistrate had passed the detention order under NSA based on an FIR registered against the petitioners under UP Prevention of Cow Slaughter Act, 1955.
As per the grounds of detention, the police received information on April 23, 2025, regarding certain persons committing cow slaughter. After checking inside the house, police recovered a spinned head, legs, skin and meat. Upon scientific examination by the veterinarian, the recovered meat was identified as beef. The remaining material was identified in the remains of a progeny of a cow.
It was claimed that since the sentiments of the Hindu community were disturbed, there was discontentment and anxiety in the public at large, resulting in an adverse effect on public life. After receiving the report from the authorised officer, DM passed the orders on July 7, 2025, directing that the petitioners be detained for 12 months. The state government ultimately confirmed the order on August 19....
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