Cow has unique status in Indian society; slaughter hurts sentiments: Punjab and Haryana High Court
The Punjab and Haryana High Court recently remarked that the offence of cow slaughter is laden with emotional and cultural undertones, as the animal holds a unique status in Indian society [Aasif v State of Haryana].
Justice Sandeep Moudgil made the observation while dealing with the anticipatory bail plea of a man accused in a cow slaughter case.
The petitioner, Aasif, was among those accused of transporting two cows to Rajasthan for slaughtering, in violation of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act and the Prevention of Cruelty to Animals Act.
The Court denied him relief after noting that he stood accused of being involved in cow slaughtering activities in conscious defiance of existing law and in utter disregard for the sentiments of the community at large.
“The present offence, apart from its legal implications, is laden with emotional and cultural undertones, given the unique status of the cow in Indian society. This Court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts, while otherwise private, can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group,” the Court remarked.
The Court also noted that the accused had previously been involved in similar offences.
“It is evident from the material placed on record that the petitioner is not a first time offender. He is alleged to have previously been involved in three other FIRs pertaining to similar offences. In those cases, the petitioner was granted the benefit of bail as a gesture of judicial trust, which appears to have been misused, rather than respected,” the Court said.
The Court further remarked that the protection from arrest under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) is not an open invitation for habitual offenders to escape the process of law.
“Anticipatory bail is a discretionary relief, intended to protect innocent individuals from motivated or arbitrary arrest, not to provide sanctuary to those who repeatedly violate the law with impunity,” it said.
The jurisprudence on bail calls on courts to tread with caution to preserve liberty without compromising justice, order, and social equilibrium, the Court further said.
The Court concluded that there were serious allegations involving offences of moral turpitude against the accused, who was noted to be “a habitual offender."
“The possibility of the petitioner indulging in similar unlawful activities in the future, or tampering with the investigation, cannot be ruled out. Hence, the present petition deserves to be dismissed,” the Court ordered, while denying relief to the accused.
Advocate Rosi appeared for the petitioner.
[Read Order]