PRAYAGRAJ: Expressing concern over the misuse of Uttar Pradesh Prevention of Cow Slaughter Act, the Allahabad high court has said that whenever any meat is recovered, it is normally shown as cow meat (beef) without being examined in a forensic laboratory.
While granting bail to one Rahmu alias Rahmuddin of Shamli, who was allegedly involved in cow slaughter, Justice Siddharth said, “The Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by magistrate Ist class, having a maximum sentence up to seven years.”
“Whenever cows are shown to be recovered, no proper recovery memo is prepared and one does not know where cows go after recovery,” the court added.
Suggesting that there is need for taking care of old or non-milking cows that are abandoned by owners if the Uttar Pradesh Prevention of Cow Slaughter Act is to be implemented in letter and spirit, the court added: “Goshalas do not accept non-milking cows or old cows and they are left to wander on roads. Similarly, the owner of the cows after milking, leaves the cows to roam on roads, to drink drainage/sewer water and eat garbage, polythene, etc. Moreover, cows and cattle on the road are a menace to the traffic and a number of deaths have been reported due to them.”
The court added, “In rural areas cattle owners who are unable to feed their livestock, abandon them. They cannot be transported outside the state for fear of locals and police. There are no pastures now. Thus, these animals wander here and there destroying the crops.”
“Earlier, farmers were afraid of ‘neelgai’ (vanroj an antelope), now they have to save their crops from stray cows. Whether cows are on roads or on fields their abandonment adversely affects the society in a big way. Some way out has to be found to keep them either in the cow shelters or with the owners, if U.P. Prevention of Cow Slaughter Act is to be implemented in letter and spirit,” the court observed.
The present bail application was filed on behalf of the applicant with a request to release him on bail in the case under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, registered at Thana Bhawan police station in Shamli district.
According to the counsel for the petitioner, there is no specific allegation against the applicant in the FIR. The counsel further submitted before the court that the applicant was not arrested from the spot. The offence is triable by a magistrate. The applicant has a criminal history of one case in his name and is in jail since August 5, 2020.
The court passed these orders on October 18.