SHAUKAT ALI Vs UNION OF INDIA AND ORS-30/09/2002

(2003) CriLJ 235 : (2003) 1 RCR(Criminal) 160

ALLAHABAD HIGH COURT

DIVISION BENCH

( Before : Rakesh Tiwari, J; M. Katju, J )

SHAUKAT ALI — Appellant

Vs.

UNION OF INDIA (UOI) AND OTHERS — Respondent

Civil Miscellaneous Habeas Corpus Petition No. 16503 of 2002

Decided on : 30-09-2002

National Security Act, 1980 – Section 3
Counsel for Appearing Parties

M.M. Khan and Nasiruzzaman, for the Appellant; Ajit Kumar Singh, Addl. S.C. and D.P. Srivastava, A.G.A., for the Respondent

JUDGMENT

M. Katju, J.—The petitioner is challenging the detention order dated 3-1-2002 Annexure 1 to the petition under N.S.A. A perusal of the grounds of detention copy of which is Annexure 2, shows that the allegations against the petitioner are that the petitioner had slaughtered a cow and the knife and rods were recovered from him. This incident caused communal tension and hence the impugned detention order was passed.

2. Communal amity and harmony are absolutely essential for the progress of the nation. We cannot afford to have another Gujarat in U.P. Slaughter of cow hurts the sentiments of the Hindus and hence should not be committed. In our opinion cow slaughter affects public order because it is likely to incite communal tension. Hence it is not merely a case of law and order. We are also of the opinion that there was no delay in deciding the petitioner’s representation. There is no merit in this petition. The writ petition is dismissed.


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