Cow has unique status, its slaughter can have repercussions on peace: Punjab and Haryana HC
Chandigarh (PTI): The cow is a pious animal and "certain acts" can severely impact peace when they offend beliefs of a "significant population group", the Punjab and Haryana High Court has said while dismissing the anticipatory bail given to a Nuh resident accused of transporting cows for slaughter.
Asif was booked along with two others in April this year under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, and the Prevention of Cruelty Act, 1960, for allegedly transporting cows to Rajasthan for slaughter.
"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," Justice Sandeep Moudgil said in an order earlier this month. It was made public on Monday.
"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 said.
The cow is not only a pious animal but also an integral part of India's agrarian economy, the judge said.
According to the state counsel, the petitioner was actively involved in the alleged offence of cow slaughter. Therefore, his custodial interrogation was imperative for a fair and effective investigation, he submitted.
The court said the Constitution does not merely protect rights in abstraction but seeks to build a just, compassionate, and cohesive society.
"Article 51A(g) Constitution of India enjoins every citizen to show compassion to all living creatures. It is in this context that the alleged act of cow slaughter committed repeatedly, deliberately, and provocatively strikes at the core of constitutional morality and social order," said the order.
The court observed that the offence alleged in the present FIR deals with the allegation of slaughtering a cow in conscious defiance of existing law and in utter disregard to the sentiments of the community at large.
'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," said the court order.
Anticipatory bail, it said, 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.
Protection of pre-arrest bail should not be granted when the applicant has been shown to be a habitual offender or where his custodial interrogation is necessary for fair investigation, it said.
The court also cited the Supreme Court verdict in the 2005 State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat case that upheld the constitutional validity of cow slaughter prohibitory laws and recognised the constitutional directive under Article 48 of the Constitution as reflecting the moral and economic ethos of society.
While dismissing the anticipatory bail plea, Justice Moudgil also observed that the court is conscious of the need to safeguard individual liberty.
"But where such liberty is demonstrably misused, and where the petitioner's conduct is indicative of recidivism, the law must respond with firmness. The right to bail is not to be confused with the right to impunity," according to the order.
"Considering the serious nature of the allegations involving offences of moral turpitude, coupled with the fact that the petitioner is a habitual offender with a likelihood of reoffending, this court is of the opinion that no grounds are made out for grant of anticipatory bail," it said.
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Ex-PM Devegowda warns opposition of electoral losses if they continue to allege 'vote chori'
New Delhi (PTI): Former Prime Minister H D Devegowda on Monday said the Opposition parties would "suffer" if they continue to raise allegations of "vote chori" and create suspicion in the minds of voters by blaming Prime Minister Narendra Modi-led government.
Participating in a discussion on election reforms in the Rajya Sabha, he criticised the Opposition for making a mockery about the Prime Minister "in the streets and on the public platform".
"This (India) is a very big country. A large country. Congress may be in three states. Remember my friends please, by using the words 'vote chori' you are going to suffer in the coming days. You are not going to win the battle," Devegowda said, referring to the Opposition members.
He asked what the Opposition is going to earn by "blaming Narendra Modi's leadership and creating a suspicion in the mind of the voters" through the claims of "vote chori".
"What has happened to their minds? Let them rectify," Devegowda said.
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The former prime minister said that during his over seven decades of public life, he has never raised such issues of vote theft despite facing defeat in elections.
He also cited a letter written by the then Prime Minister Jawaharlal Nehru regarding inclusion of "18,000 votes" (voters) in Kerala.
"Why I am telling this (because) during the Nehru period also, there were certain lapses in the electoral system," said Devegowda, who was the prime minister between June 1, 1996 and April 21, 1997.
He said that the Congress party faced defeat in the recent Bihar elections despite raising the issues of mistakes in the electoral rolls.
"What happened after that even after so much review (of voters list). Think (for) yourself! You got six MLAs," the senior Janata Dal (Secular) leader said.
Devegowda questioned the Opposition as to why they want to make allegations against the prime minister on the issue of the voters list?
"Election Commission is there. Supreme Court is there. The Election Commission has given direction to all the state units to rectify all these things," he said.
Devegowda said people of the country have full confidence in Narendra Modi's government and it will come back to power after the next Lok Sabha elections as well.
K R Suresh Reddy, Bharat Rashtra Samithi (BRS) party's Rajya Sabha member from Telangana, said that electoral reforms are the backbone for a healthy democracy.
He said a large and diverse nation like Indi needs clean electoral rolls.
Asserting that strict re-verification should not become a mechanism for exclusion, Reddy said no eligible voter should lose their right to vote simply because accessing paperwork is difficult.
He said while the concern definitely is on the voters' exclusion, "we should also be equally concerned about the percentage of voting."
"What is happening in voting today? Once the election ends, the drama begins. The biggest challenge that the Indian democracy has been facing in spite of two major Constitutional amendments has been the anti-defection. Anti-defection is the name of the game today, especially in smaller states, especially where the legislatures are small in number," Reddy said.
The senior BRS leader suggested creation of a parliamentary committee "which would constantly look into the defection" and "ways and means to cutting that".
AIADMK's M Thambidurai raised the issues related to election campaigning.
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"Election campaigns are one of the important election processes. In that, political parties must be given the proper chance to campaign," he said and cited problems faced by his party in Tamil Nadu in this regard.
Thambidurai said political parties were facing hardships in Tamil Nadu to conduct public meetings and to express their views to the public.
YSRCP's Yerram Venkata Subba Reddy stressed on bringing electoral reforms at both the state and national levels.
He also suggested replacing Electronic Voting Machines with paper ballots in all future elections.
"EVM may be efficient but can't be trusted. Paper ballot may not be efficient but can be trusted. You need trust in democracy," Reddy added.
