The Lucknow Bench of the Allahabad High Court, while deciding the habeas corpus petitions filed by three accused of cow slaughter, has quashed the custody order passed against them under National Security Act (NSA).
The Court, quoting a decision of the Supreme Court, also observed that NSA should not be imposed against anyone on the basis of the possibility of getting bail.
The order was passed by Justice Ramesh Sinha and Justice Saroj Yadav on the petitions filed by Parvez, Irfan and Rahmatullah.
Parvez and Irfan were arrested by Sitapur police on July 12, 2020 while they were slaughtering the cow, whereas Rahmatullah was arrested the next day.
Later, action was also taken against these accused under Uttar Pradesh Gangster Act. The accused got bail in the cases of cow slaughter and gangster act, but before that action was taken against them under NSA.
In the action taken under NSA, it was said that the accused persons can be released on bail and after coming out, but they are likely to commit the crime again.
On this, the Court, citing the observation of the Supreme Court, rejected this ground taken by the state government outrightly.
The court in its remarks said that slaughtering a cow in the secrecy of one's own house probably because of poverty or lack of employment or hunger, would perhaps only involve a law and order, and not public order, issue. It cannot be compared with such a situation, where a number of cattle have been slaughtered in public view or where the slaughterers attack complaining public people or transport the beef.