Excelsior Correspondent
Srinagar, Oct 1: Jammu and Kashmir High Court today granted 3 more weeks to Government for filing the response to the petition seeking repealing of beef ban Sections from the statute.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey extend time by three weeks to State Government for its response in opposition to the pleas taken in the petition after the Advocate General of the State sought the time for it and directed listing of the petition on October 26. Petitioner through his counsel Faisal Qadr seeks repealing of Sections 298-A, 298-B,298-C and 298-D from the statute of Ranbir Penal Code (RPC) which provides ban on sale and consumption of beef.
Court on last date of hearing had admitted the petition and issued notice to Commissioner Secretary Law, Home Secretary and Commissioner Secretary Animal Husbandry Department and had sought response from the authorities within one week, but today AG sought further time for filing the response.
Court had provided that in case Government intends to repeal or amend these provisions in RPC then the pendency of this petition shall not come in the way of the authorities.
It is worthwhile to mention here that State Government has move to Supreme Court with a plea that order passed by two wings of the State High Court are contradictory as the Jammu Wing has directed for ban on beef sale and consumption under the provisions of RPC while as a petition pending before Srinagar wing of High Court seeks scrap of these provisions.
Advocate Qadri while explaining the term ‘Secularism’ before the bench submitted that these provisions contained in the RPC are ultra vires to the Constitution of India as well as constitution of J&K and as such these provisions are required to be strike down from the RPC statute forthwith.
“The petitioner is aggrieved of the provisions incorporated in the Ranbir Penal Code and is challenging the same on the grounds that said Sections are ultra vires to Articles 14, 21, 25 and 29 of the Constitution of India since these provisions have a direct interference with the personal liberty of the petitioner in as much as it allows an intrusions into their religious as well as private life”, Qadri says in his petition.
He further stated that these provisions are excessive in nature and prejudicial to the right guaranteed under Article 14 of country as such these provision are gross and patent infringement on the right to personal liberty and privacy as is provided in Article 21 of country to each and every citizen.
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