By TwoCircles.net, Staff Reporter
Srinagar : Almost two weeks after the Supreme Court issued directions to chief justice of the Jammu and Kashmir High Court to form a three-judge bench to examine the validity of penal provisions that bans slaughtering of cattle and sale of beef in the state, the bench has finally decided to restore the status quo ante.
Earlier this month, the Chief Justice of Supreme Court H.L. Dattu and Justice Amitava Royhad had put on hold the beef ban order for two months which was passed by the Jammu bench of high court.
On Friday, three-judge bench comprising Justice Muzaffar Hussain Attar, Ali Muhammad Magrey and Tashi Rabstan vacated the beef ban order passed by the division bench of the high court in Jammu and also disposed off the public interest litigation (PIL) filed before the Srinagar bench seeking abrogation of section 298 A and section 298 B of the state’s Ranbir Penal Code (RPC) with directions to the state chief secretary to take appropriate action on issues raised in the petition.
Pertinently, J&K government took the case to the Supreme Court after the Jammu bench asked for implementation of the provisions in vogue since 1892 when a PIL was filed before it. In another PIL, the High Court in Srinagar sought response of the government suggesting the state could legislate on the issue.
When the case was taken to the Supreme Court, the Jammu order was stayed. The apex court also refused permitting the shifting of case out of Srinagar and instead directed setting up of a three-judge bench. The bench heard the case and disposed it off with the direction to the state chief secretary that it can take appropriate action.
With this direction, the bovine slaughter issue has gone back to the position it had before the Jammu bench ordered implementation of the RPC provisions. Bovine slaughter is banned and is punishable under law.
J&K State legislative assembly recently rejected at least three bills, which were aimed at drafting a new law. While neither of them sought any change in the cow slaughter, these only intended to reduce the criminality associated with the bovine slaughter and alter the punishment part.
The Beef politics have remained the centre of attraction in the state since September 11 last month. Recently, an independent legislator from Kashmir was beaten inside the Legislature by right-wing BJP MLAs for hosting beef party in MLA Hostel in Srinagar.