The Punjab and Haryana High Court today issued notice on a petition challenging provisions of Haryana's cow protection law on the ground that the law allegedly enables private individuals and vigilante groups to exercise coercive functions of search and seizure [National Federation of Indian Women NFIW v State of Haryana and Others].
The Public Interest Litigation (PIL) filed by National Federation of Indian Women (NFIW) was listed today before a Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry.
After a brief hearing, the Court issued notice to the Haryana government, Director General of Police and Haryana Gau Seva Aayog.
"We will issue notice," the Court said.
The PIL filed through advocate Arjun Sheoran has challenged Sections 16 and 17 of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015. The plea also seeks immediate action against cow vigilante groups in the State.
Today, the counsel appearing for NFIW submitted that only a police officer or a government official can be entrusted with such functions.
He added that it has been held by the Supreme Court these powers are of the State and cannot be relegated to anyone.
"What is happening is that they [private individuals] are stopping cars, claiming they have powers and even seize the vehicles. This is leading to law and order issues," Sheoran said.
According to the PIL, Haryana government in July 2021 notified the Special Cow Protection Task Force (SCPF) for every district with the object of "collecting information regarding cattle smuggling and slaughtering from public and further to take prompt action on such illegal activities after specific inputs received from the public."
The SCPF consists of 3 members nominated by the Chairman, Haryana Gau Seva Aayog and two members from Gauraksak Committees/renowned Gausevaks, who are nominated by the Deputy Commissioner.
As per the petitioner, Sections 16 and 17 of the Act permit the conferment of sovereign police powers of search, entry, inspection and seizure on any private individual without laying down even minimal qualifications, criteria or safeguards.
The delegation of essential police powers involving entry, inspection, search and seizure under the Act is excessive, arbitrary and unconstitutional, the plea contends.
The provisions have enabled a systematic rise of cow vigilantism across Haryana and elsewhere, where several self-styled gau-rakshaks or cow vigilantes have emerged and armed with the authority of law, abuse persons they find to be 'guilty' of cow smuggling or slaughter, the plea has alleged.
Advocates Arjun Sheoran, Tejasvi Sheokand, Rohan Gupta, Pranhita Singh, Shivangi Chauhan and Manish Boora of Vaakya Legal represented NFIW in the PIL.