JK High Court disposes off PIL Seeking ban on cow slaughter, asks petitioner to approach J&K CS

Jammu/Feb, 11: A Division Bench of the J&K 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 by raising her grievance before the Chief Secretary by submitting a comprehensive representation in that regard.
These observations/directions were passed in a PIL filed by an NGO ‘SAVE’ through its Chairperson Devinder Kour Madaan alias Rumpy Madaan seeking a direction to the Union Territory of J&K and Union of India to consider the prayer of the NGO ‘SAVE’ to enact a law prohibiting slaughter of cow and its progeny-Ox, Bull, Buffalo etc. in the Union Territory of J&K. The petitioner had further sought a direction to make slaughter of cow in the UT of J&K a cognizable offence with strict punishment.
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 the aforesaid sections have been wiped out and slaughtering of Cow in J&K is no more an offence.
Advocate S.S. Ahmed 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 further submitted 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 S.S. Ahmed appearing for the petitioner, the Division Bench headed by Chief Justice, Justice Pankaj Mithal 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 i.e. the legislature of J&K to enact a law on a given subject. The said task cannot be given to any of the respondents. At present, the legislature of J&K is not in place. Therefore, at the moment no such law can be considered for being enacted.”
The Division Bench further observed “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 Jammu and Kashmir .”
At this stage, Advocate S.S. Ahmed relied upon the Judgment of Supreme Court titled Dr. Ashwani Kumar V/s Union of India passed on 05-09-2019 wherein it has been held that if there is any vacuum in law, the courts can certainly intervene and issue necessary directions.
Upon this the Division Bench headed by Chief Justice further observed that, “enacting of law to prohibit the slaughter of cows and its progeny is a new subject and cannot be due to any vacuum in law. It is a fresh demand of certain section of the people or the wildlife lovers to have such a law on the subject with the repeal of RPC. It is for the law makers to consider and to take a call on it.”
At this stage, Advocate General D.C. Raina appearing for U.T. Administration alongwith 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.
In view of the aforesaid facts and circumstances, the Division Bench headed by Chief Justice Pankaj Mithal observed and directed, “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 as observed above”.
With these observations, the Division Bench disposed of the PIL with all pending miscellaneous applications.