RAJBIR SINGH HOODA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner Rajbir Singh is a Sanitary Inspector and presently posted at Chandigarh. He prays for deletion/quashing of the offences under Sections 153 -A and 120 -B of the Indian Penal Code from the FIR No. 253 lodged with the police Station, Paonta Sahib on 26.7.2003.

(2.) It appears, an information was received by the police that some cows were lying dead in Lai Dhank area within the police Station, Poonta Sahib. The spot was inspected, 24 Cows were found lying dead and two cows injured on the lower side of the road in the Dhank area on the border of Himachal -Haryana. On inquiry, it was discovered that on the evening of 25.7.2003 some unknown persons had brought the cows loaded in trucks from the Haryana side and dumped the cows down the Dhank. The vehicles thereafter fled away towards Haryana. It is in this background that the FIR was registered for offences punishable under Section 429 IPC read with Section 11(d)(I) of the Prevention of Cruelty to Animals Act, 1960. On investigation, it was discovered that seven officers /officials of the Municipal Corporation, Chandigarh were involved in this exercise. All of them are named as accused. The cows were brought from Chandigarh on 29.7.2003, 6.8.2003, 8.8.2003,11.8.2003,14.8.2003,18.8.2003 and 21.8.2003 and dumped in the Lai Dhank area. The officers /officials named in the FIR including the petitioner, were arrested and subsequently released on bail. During further investigation of the case, Sections 153 -A, 295 -A and 120 -B IPC were added.

(3.) These provisions were added, according to the reply filed by the respondent -State "this incident of killing of cows had hurt the sentiments of Hindu Community and was prejudicial to the communal harmony. There was strong resentment against killing of cows in the Hindu religious groups as well as in the general public". It is the further case of the prosecution that if these provisions had not added the incident would have flared up and spread communal hatred. Section 153 (a) of the Code reads: "153 -A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony. -(1) Whoever - (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill -will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, (or) (c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participants in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity, for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc. (2) Whoever commits an offence specified in sub -section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine."