- (1.) HEARD learned counsel for the petitioner and learned Government Advocate for the respondents. The petitioner is challenging his detention by the impugned order dated 29-4-2001 under Section 3 of the National Security Act.
(2.) THE grounds of detention state that on 14-4-2001 at about 9. 40 a. m. the police party raided the house of the petitioner and found that there was about 50 Kg. fresh flesh of cow and an axe which had pieces of fresh flesh on it which showed that the petitioner and his associates had slaughtered a cow. On the knowledge of this people of the locality became agitated and thousands of people sat on Dharna in opposition to this. THEre was a procession and the market was closed and public order was disturbed. On 16-4-2001 there was another raid in which there was recovery of the hide of the cow which was slaughtered. THEre was communal tension. Had the police not acted in time, the situation would have gone out of control and many people could have been killed in a communal riot. THE order also states that the petitioner is making efforts to be released on bail. Slaughter of cow is prohibited under the U. P. Prevention of Cow Slaughter Act. It is well-known that Hindus venerate the cows and hence Muslims should respect the sentiments of Hindus just as Hindus should respect the sentiments of Muslims. Article 25 of the Constitution of India no doubt gives a right to all citizens to profess and practise their religion, but as held by the Supreme Court in Mohd. Hanif Qureshi v. State of Bihar, AIR 1958 SC 731, the sacrifice of a cow is not an obligatory overt act enjoined by the Muslim religion. The petitioner has no right to break the law and vidate the above Act. It may be mentioned that nobody has a right to do anything which may lead to communal tension in the country. In case we permit such activities, a situation like that in Gujarat may occur in this State. Nothing should be done which may provoke communal riots. This Court will come down with a heavy hand on anybody, whether they are Hindus, Muslims or any caste who tries to disturb communal harmony and provoke communal tension. Unity of the country is absolutely essential at this critical juncture of our country's history. Whosoever tries to disturb communal peace and harmony will be given most severe punishment. Muslims can certainly slaughter goats, buffaloes, chickens and many other animals but they should not slaughter cows so as to break the law and create communal tension. Since there is a specific Act which prohibiting slaughtering of cows in the country, namely, U. P. Prevention of Cow Slaughter Act, any infringement of the Act must be severely dealt with as it is not merely violation of law but it is also disturbance of public order.
(3.) THE petitioner and his associates have acted in an utterly irresponsible manner and had the police not intervened in time, there could certainly have been communal riot in Sikandararao in Hathras where the incident took place. This Court cannot condone the mischief committed by the petitioner and his associates. This Court in Habeas Corpus Writ Petition No. 4470 of 2002, Tauqeer v. State of U. P. and others, decided on 11-4-2002 [since reported in 2002 (1) JIC 927 (All)] has dismissed a similar writ petition observing that the last thing which the country can afford today is inflammation of communal feelings in society and Hindu and Muslims both should respect the sentiments of each other.;