PALLA Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner has challenged the detention order dated 31.5.2003, passed against him by the respondent No. 2-District Magistrate , Jalaun at Oral under Section 3 (2) of National Security Act, 1980.

(2.) THE grounds of detention are contained in Annexure-4 to the petition. THE petitioner was involved with his associates in slaughtering as many as 103 cows on 21.2.2003 at about 2.15 p.m. at a place within Police Station Kotwali, Kalpi. S.I. C. L. Arun, accompanied by certain other police personnel had reached the scene of slaughter on getting information through an informer. 16 other cows, 17 she-calves and one he-calf were also found tethered there for being slaughtered. THE slaughtering of cows on such a large scale created an atmosphere of communal tension in the area, disturbing public order and tranquillity. Sufficient force had to be deployed to control the situation. THE communal tension created by the incident was so intense that the students of different colleges and members of political parties took out a procession through the markets shouting communal slogans and despite all efforts, the entire market was closed on 24.2.2003. A case under Section 3/5/8 of U. P. Prevention of Cow Slaughter Act was registered.

(3.) ON consideration, we are of the opinion that this matter certainly pertains to public order. The incident of slaughtering of cows did disturb the public order and communal harmony of the society. Communal tension came to be created by this incident and sufficient force had to be deployed for the restoration of normalcy. The sentiments of the members of the Hindu community were bound to be hurt by slaughtering of cows at such a large scale. Learned counsel for the petitioner also did not contend that it was not a matter of public order and was confined to law and order only. In the grounds of the petition also, it has not been challenged that the matter did not fall within the purview of the public order. So finding it to be a case of public order, we proceed to consider the arguments of the learned counsel for the petitioner.