Tauqeer vs State of U.P. and Others

M. Katju and Rakesh Tiwari, JJ.—Heard learned Counsel for the parties.

The Petitioner is challenging the detention order dated 21.11.2001 under the National Security Act. The ground of detention is Annexure-2 to the writ petition. It has been alleged that in the night of 13/14.10.2001, the Petitioner with his associates was cutting cows and calves. Some people intervened but the Petitioner with his associates beat them mercilessly due to which terror was created in the locality and public order was disturbed.

We have carefully perused the detention order and find that the matter certainly pertains to public order and not to law and order. Under our Constitution freedom of religion has been guaranteed as a fundamental right. However, the U. P. Prevention of Cow Slaughter Act bans the slaughter of cows and calves. The Petitioner has no right to break the law and violate the above Act. It may be mentioned that nobody has right to do anything which may lead to communal tension in the country. In case we permit such activities a situation like in Gujarat may recur again. Hindus, rightly or wrongly, venerate cows. The Muslims should also respect the sentiments of the Hindus, and nothing should be done which may provoke communal riots. The last thing which the country can afford today is inflammation of communal feelings in the society. The Petitioner with his associate could slaughter any other animal but certainly not slaughter cows against the provisions of the Prevention of Cow Slaughter Act as that may create communal tension.

In view of the above, we are not inclined to interfere in the matter. The writ petition is dismissed.