The Lucknow Bench of the Allahabad High Court has ruled that transporting cattle within the state does not constitute an offence under the Cow Slaughter Act and took a serious view of the widespread misuse of the law. The court has directed top state officials to file personal affidavits detailing steps taken to prevent such misuse.
A Division Bench of Justice Abdul Moin and Justice A.K. Chaudhary, hearing a petition filed by Rahul Yadav of Pratapgarh, passed the order on October 9. The bench observed that it is “deluged with such matters on the basis of First Information Reports being filed left and right by the authorities and complainants under the provisions of the Cow Slaughter Act.”
The court directed the Principal Secretary (Home) and the Director General of Police to file personal affidavits by November 7 explaining the measures taken to curb misuse of the Act. It cautioned that failure to do so would require their personal appearance in court. The bench also questioned why heavy costs should not be imposed on the government in such cases.
Rahul Yadav approached the court after being booked under the Cow Slaughter Act. He stated that the police were harassing him solely because a vehicle registered in his name was found carrying nine cattle. The vehicle was being driven by his driver, and there was no evidence or intention of slaughter. The cattle were being transported from Amethi to Pratapgarh and were found unharmed.
Hearing the plea, the court ordered that no coercive action be taken against Yadav. However, it did not stay the investigation and directed him to cooperate with the police.
The bench reiterated that merely transporting cattle within the state or preparing to slaughter cattle does not amount to a criminal offence under the Cow Slaughter Act. It relied on earlier judicial precedents to support this conclusion.
In this case, since no slaughter had taken place and the cattle were being lawfully transported, the court held that the petitioner’s implication under the Act was unjustified.
Apart from the misuse of the statute, the bench also sought responses from the Principal Secretary and DGP on steps taken to curb mob violence and vigilantism in cow-related matters. The court highlighted the need for concrete action against those taking the law into their own hands in the name of cow protection.
