Allahabad High Court Calls For Cows To Be Declared As Protected National Animal

The Allahabad High Court Justice Shamim Ahemed recently dismissed the application to quash proceedings against a man alleged to have been involved in cow slaughter. In the matter at hand proceedings under Sections 3, 5 and 8 of the Cow Slaughter Act,1955 were continuing against the applicant.

Facts of the case:

A person named Zahoor was seen by the police at Sarsaudi Village and he was carrying a sack. On seeing the police he started to return back but was caught and on searching beef of cow progeny was allegedly found in the sack he was carrying. It has been alleged that the applicant and Zahoor are involved in cow slaughtering and was going to Lucknow to sell the beef of cow progeny.

Submissions on behalf of the applicant:

It has been submitted on behalf of the applicant that there is no chemical analysis report from the veterinary doctor showing that the seized meat belonged to cow progeny and in the absence of any such report the investigating officer submitted the charge sheet against the applicant. 

Submissions on behalf of the state:

It has been submitted additional government advocates that the name of the applicant came into light in the confessional statement of the co-accused Zahoor who was arrested with the cow meat. He confessed that the along with the applicant he was involved in cow slaughter and  accordingly charges under Sections 3, 5 and 8 of the Cow Slaughter Act,1955 were made out against the applicant.

In the light of the aforementioned the court observed that the contention of advocate on behalf of the applicant that the present prosecution has been instituted with malafide intention for harassing him has no force.

The court said in its order –

“We are living in a secular country and must have respect for all religions and in Hinduism, the belief and faith is that cow is representative of divine and natural beneficence and should therefore be protected and venerated. The cow has also been associated with various deities, notably Lord Shiva (whose steed is Nandi, a bull) Lord Indra (closely associated with Kamadhenu, the wise-granting cow), Lord Krishna (a cowherd in his youth), and goddesses in general (because of the maternal attributes of many of them). The cow is the most sacred of all the animals of Hinduism”

The court further said that it hopes and trusts that the central government may take appropriate decision to ban cow slaughtering in the country and to declare the same as protected national animal.

The Allahabad High Court noted that at the issuing process the court below is not expected to examine and assess in detail the material placed on record and only has to see if prima facie cognizable offence is disclosed or not.

The court dismissed the application to quash the proceedings against the applicant.

Case: MOHD. ABDUL KHALIQ V. STATE