The Allahabad High Court on Thursday upheld the 10-month-long detention of three men under the National Security Act (NSA) for alleged illegal cattle slaughter on the day of Navratri last year in Uttar Pradesh’s Jalaun.
A Bench of Justices Chandra Dhari Singh and Devendra Singh - I dismissed the habeas corpus petitions filed by Hasnen, Saiyyaj Ali and Sikandar.
The Court ruled that the detention orders are founded on material that legitimately and demonstrably disclose threat to “public order”.
“The slaughter of bovine animals by the accused on the first day of Navratri, in circumstances where the cow is venerated as sacred by the Hindu community, was not merely a criminal act, it was an act that directly and foreseeably struck at the religious sentiments of a significant section of the community at a moment of heightened communal sensitivity,” the Court observed.
It added that the timing of the incident elevates the act beyond the category of an ordinary criminal offence into territory where its impact upon community life and public order becomes manifest.
The case arose from a first information report (FIR) registered on March 31, 2025, alleging illegal slaughter of cattle on the first day of Chaitra Navratri, coinciding with the eve of Eid. Police claimed recovery of around three quintals of beef, weapons and other materials, asserting that the incident triggered communal tension, fear and a risk of violence across multiple localities in Kalpi.
The accused were booked for offences under the Uttar Pradesh Prevention of Cow Slaughter Act, Prevention of Cruelty to Animals Act and the Arms Act.
According to the judgment, they were granted bail on various dates in April 2025. However, on April 28, 2025, the district magistrate passed three detention orders under the NSA to keep the accused in preventive custody.
The petitioners challenged the detention orders, arguing that they were illegal. They said that the incident, even if assumed to be true, amounted only to a law and order issue and not a disturbance of public order. They also claimed non-application of mind by the detaining authority, violation of constitutional safeguards and pointed out that they had either been granted bail or had bail applications pending in the criminal case.
However, the State defended the orders. It stated that the act was deliberate in timing and nature, striking at religious sensitivities and threatening communal harmony. It argued that all statutory procedures had been followed, including timely approval by the State government and scrutiny by the advisory board, which found sufficient cause for detention.
After considering the case, the High Court upheld the detention orders. It held that the alleged incident had ramifications beyond ordinary law and order, given its potential to disrupt communal peace.
"A nation as ancient and as diverse as ours carries within it the constant responsibility of tending to the fragile bonds of communal co-existence. When an act deliberate in its commission, precise in its timing, strikes at the deepest religious sentiments of a community at its most sacred moment, it carries within it the potential to fracture those bonds with swift and devastating effect."
The Court concluded that the detaining authority had recorded satisfaction based on cogent material, including the likelihood of the detenues repeating such acts if released on bail.
Advocate Sushil Kumar appeared for the three detainees.
The State was represented through ASGI Manish Pandey.
[Read Judgment]