The accused, Jugadi @Nizamuddin was booked under section 3,5 and 8 of the Prevention of Cow Slaughter Act in Case Crime No. 310/2022, at Reusa Police Station, Sitapur district. The counsel for the applicant, Dharmendra Kumar Gupta, submitted that it was a case of false implication. There are three accused in the case. The Village Chiukidar of the Police station got the information that a prohibited animal had been slaughtered in the sugarcane field of one Jamil and when he arrived at the spot he found a cord and semi digested gobar (cow dung) of the calf. It was also submitted that the police did not recover any prohibited animal or any meat and had only found cow dung. The forensics lab told the police that the lab cannot examine cow dung.

The court was informed that he was earlier granted interim protection which he did not misuse and he also undertook that he will remain present before the trial court whenever required.

The court observed, “it is evident that in the instant case neither any prohibited animal or his flesh has been recovered and simply on the basis of apprehension and suspicion the First Information Report appears to have been lodged and the charge sheet has also been filed.” The court also noted that only cow dung was recovered from the spot which the forensics lab refused to examine.

The court thus granted the applicant pre-arrest bail in terms that in the vent of his arrest within 20 days or on his surrender/ appearance before the trial court, where the case is pending, whichever is earlier, he shall be released forthwith on his executing a personal bond to the tune of Rs.50,000/- with two sureties in the like amount, while also imposing certain conditions.

While concluding the order, the court also made a serious observation:

“Before parting it is observed that instant case is an glaring example of misuse of penal law as neither the prohibited animal nor its flesh, has been recovered from the possession of any accused person or from the spot and only a rope and some amount of cow dung has been collected by the Investigating Officer and there are statement of some witnesses who have claimed to have seen the accused persons going towards the sugarcane field of Jamil along with a calf. Keeping cows and calves as pet animals is a common practice in the villages irrespective of caste, creed and religion. The duty of the State is to ensure fair investigation which in the considered opinion of this Court has not been done in the instant case.”

The court also directed that a copy of this order be sent to DGP, Uttar Pradesh for “taking necessary action in order to remind the investigating officers of their duty to ensure fair investigation in all the criminal cases in general and in the cases pertaining to cow slaughter in particular.”

The order may be read here:

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The post Allahabad HC calls out misuse of law in cow slaughter case as only cow dung recovered from scene appeared first on SabrangIndia.

On December 9, the Karnataka Legislative Assembly passed the Prevention of Cow Slaughter and Cattle Preservation (Amendment) Bill, 2020 prohibiting slaughter of cows, buffalos, and bulls under 13 years of age.

According to Bar and Bench, this Bill provides imprisonment between three and seven years and/or fine up to rupees five lakh. Other offences may invite fine up to Rs 10 lakh and a jail term of up to seven years.

Under this Bill, the term cattle has been designated as “cow, calf of a cow and bull, bullock and he or she buffalo” and their slaughter is banned as per the Indian Express. But buffaloes above the age of 13 years that are certified by a competent authority, cattle used in medical research, cattle certified for slaughter by a veterinarian to prevent spread of a disease, and the sick one’s are exempted under this new Bill.

The new Bill also prescribes new punishments for transport of cattle, sale of meat, purchase or disposal of cattle for slaughter which includes a prison term of three to five years and a fine of rupees fifty thousand to rupees five lakh.

After tabling the Bill, Prabhu Chavan, Minister for Animal Husbandry and Fisheries, said, “The Bill provides stringent punishment for violations and also provides power for search and seizure of any premises which includes vessel or vehicle.”

After the Bill was tabled in the House, cows were brought into the Vidhana Soudha (Secretariat) and Prabhu Chavan performed a puja for them. Mr Chavan told New Delhi Television, “This is the blessings of the six-crore people of Karnataka (and) of senior leaders. I thank the Chief Minister and the leaders for giving me this opportunity. This is the first time that the cow puja has been done here.”

This 2020 Bill is a revised version of a Bill that was tabled and passed in 2010 when the BJP was in power in Karnataka. However, the 2010 Bill could not come into force and was shelved in 2013 by the Congress Government as it did not receive the Governor’s assent.

Despite vehement opposition, the Bill was passed in the Assembly yesterday.

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Act is being misused against innocent persons: Allahabad HC on UP law against cow slaughter

Cow Slaughter Prevention Laws in India

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