PIL seeking enactment of law for banning cow slaughter
Excelsior Correspondent
JAMMU, Feb 10: Division Bench of the High Court comprising Chief Justice Justice Pankaj Mithal and Justice Rajnesh Oswal has disposed of a PIL with a liberty to the petitioner to raise her grievance of enactment of law prohibiting slaughter of cow and its progeny before the Chief Secretary by submitting a comprehensive representation in that regard.
Advocate Sheikh Shakeel Ahmed appearing for the NGO ‘SAVE’ submitted that prior to 31-10-2019, the J&K was having Ranbir Penal Code (RPC) and slaughtering of cows and its progeny was a cognizable offence in terms of Sections 298-A, 298-B, 298-C of RPC. He further submitted that with the introduction of J&K Reorganization Act, 2019 these sections have been wiped out and slaughtering of cow in J&K is no more an offence.
He further submitted that Indian Penal Code (IPC) has no provisions to this effect and, therefore, the general criminal law contains a vacuum under this head. He said that States such as Haryana, Uttrakhand and Jharkhand have passed specific laws which protect the cows and their breed from slaughter and have made such an act a punishable offence under the specific law.
After considering the submissions of Advocate Ahmed appearing for the petitioner, the Division Bench observed, “it is settled law that no writ of mandamus would lie for issuing directions for enacting a particular law. It is for the law makers of the Union Territory of J&K to enact a law on a given subject”, adding “the task cannot be given to any of the respondents”.
“At present, the legislature of the Union Territory of J&K is not in place. Therefore, at the moment no such law can be considered for being enacted”, the DB said”, adding “the court cannot take upon the task of enacting the law itself or to issue any direction in this regard to any other authority as the same is only within the domain of the Legislature of the Union Territory”.
Advocate General D C Raina appearing for UT administration along with Deputy Advocate General KDS Kotwal submitted that the grievance of the petitioner can be taken care of by the Chief Secretary and as and when, the Legislature comes into existence, the matter can be brought to its notice for due consideration.
“We do not deem it necessary to keep this petition pending and dispose of the same with liberty to the petitioner to raise her grievance before the Chief Secretary by submitting a comprehensive representation in that regard who on consideration of the same will do the needful”, the DB said.
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