Court issues fresh notice to State Govt on Beef Ban
By Raqib Hameed Naik, TwoCircles.net
Srinagar : The ban on the sale of beef in Jammu and Kashmir ordered by the state’s High court which hogged the news headlines since last one week got a dramatic twist on Wednesday when the same state High Court issued a notice to Jammu and Kashmir Government over a petition challenging Cow Slaughter Act.
The court issued the notice in a writ petition filed by a retired law professor of University of Kashmir, Afzal Qadri, challenging the constitutional validity of the Section 298-A and 298-B, which regulates the ban on bovine slaughter and beef sale in the state.
Under section 298A of the RPC, intentionally killing or slaughtering a cow or similar animal (including ox and buffalo) is a cognizable, non-bailable offense punishable with 10 years imprisonment and fine.
Under section 298B, possessing the flesh of such an animal is a cognizable, non-bailable offence punishable with imprisonment of one year and fine. The RPC was enacted in 1862 by the then Dogra ruler of the State
Notably, Jammu and Kashmir High Court on September 10, had ordered blanket ban on the sale of beef in J&K, the only Muslim majority state of India which led to strong reactions from different quarters of the state. A complete shutdown was observed in Kashmir part of the state on September 12, against the Court order.
Qadri has filed a petition insisting that the section 298 is a violation of fundamental rights and wants it be repealed from the Ranbir Penal Code, J&K’s criminal procedure code. A division bench comprising Justices Mr M Yaqub Mir and Mr B L Bhat has issued a notice to the state government seeking responses in a week.
Meanwhile, an independent legislator from North Kashmir’s Langate Assembly segment, Er Rasheed submitted a bill in the assembly secretariat seeking repealing of section 298 (A) and section 298 (B) of RPC of 1932 and sought support for the bill from Peoples Democratic Party (PDP) and National Conference (NC).
“It is high time for both these Kashmir-based parties, to rectify their mistakes of the past and begin a new era by supporting the bill already submitted last week in the assembly secretariat.”