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 alias Isam 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 HC, in its judgment dated May 26, quashed the Shamli DM's detention order along with the subsequent confirmation order passed by the state govt.
It was also submitted that the counter-affidavit (replies) 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.
The court observed, "In view of the discussion made about, the 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."...
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