A Special three-Judge Bench of the Jammu & Kashmir High Court overruled the conflicting directions of two Division Benches on the issue of bovine trade and asked the State Government to take appropriate steps in accordance with the law.
The three-Judge Bench was constituted by Chief Justice of J&K High Court following the October 5 direction of the Supreme Court, which was approached by the J&K Government over the sensitive issue that dominated the political discourse in the State for the past five weeks.
The Bench comprising Justices Muzaffar Hussain Attar, Ali Muhammad Magray and Tashi Rabstan vacated the earlier order of Jammu branch of the High Court seeking implementation of the provisions of the Ranbir Panel Code (RPC) against the bovine slaughter. It also dismissed the direction of a Srinagar based Division Bench asking the Government to explain as to why the old law banning beef trade was not scrapped. The Apex Court had suspended the verdict of Jammu Bench for two months.
Technically, the fresh direction has restored the law in vogue since 1892 to its original form but asked the State Government to review the existing laws in the backdrop of sensibilities associated with them.
“The State of Jammu & Kashmir in view of observation made in this order shall have to consider reviewing of existing laws and take policy decision within the framework of the Constitution, and ensure that no inter-religious conflict takes place amongst the people of the State,” the judgement read.
“The executive wing of State has to apply its mind, frame a policy and cull out a solution which satisfies the soul of the Constitution,” it said.
The issue erupted on September 8 when a Bench comprising Justices Dhiraj Singh Thakur and Janak Raj Kotwal revived ban on sale of beef in Jammu & Kashmir with direction to police officers to ensure its implementation. The verdict came in response to a Public Interest litigation (PIl) seeking directions on slaughtering or killing of bovine animals to be declared an offence punishable under Section 298-A and possession of such slaughtered animal an act punishable under Section 298-B of the RPC. The direction evoked sharp reaction in Kashmir.
The issue complicated further when a separate Division Bench in Srinagar sought Government’s response on scrapping the age-old law.
Both directions came in response to separate PIls filed in Jammu and Srinagar. The law Department even sacked two Attorneys for their failure to defend the Government in Jammu wing of the High Court. Interestingly, one of the Attorneys Parimoksh Seth had filed the PIl but was now on the Government’s side.
Following the conflicting directions, the State Government took the case to the Apex Court at a time when Budget Session of the legislature was on anvil. The Apex Court’s direction came in the middle of the Budget Session, which had entertained at least five private members’ bills on the issue for discussion.
While the beef issue dominated the brief session of the legislature, the controversy was perpetually threatening the law and order situation. Both Kashmir and Jammu regions observed daylong strikes on the controversy while the State administration enacted ban on internet during the Eid festival fearing circulation of sacrificial animals might create law and order situation.
Interestingly, the two Houses of State legislature rejected five Bills aimed at amending the existing law on bovine trade. Technically, the Bills were not taken up due to paucity of time on the day when they were listed, though the promoters of the bills alleged that they were deliberately put at the tail-end of the proceedings of the two houses.
The fresh order is likely to give reprieve to Mufti Sayeed led PDP-BJP coalition, which is struggling to settle despite being in power for seven and a half months.