Prayagraj, May 29 The Allahabad High Court has quashed a detention order passed under the National Security Act (NSA) against two men accused of cow slaughter, noting that the alleged act took place within the four boundary walls of a house and not in a public place.
The high court, in its judgment passed on May 26, observed that due to the alleged act, which involved the slaughter of only one cow, there was no violence or disturbance of public peace or disturbance of communal harmony which is necessary for imposition of detention under the NSA, 1980.
Allowing two habeas corpus writ petitions filed by Isham alias Isam and Samir, both residents of Shamli, a division bench comprising Justices Rajeev Misra and Dr Ajay Kumar directed that they be released immediately from custody.
"In view of the discussion made about, the inescapable conclusion is that the detention order passed against the petitioner under the National Security Act cannot be sustained either in law or fact. As such, the same is liable to be quashed by this court," the division bench observed in its orders.
The detaining authority, Shamli district magistrate (DM), passed the detention order under Section 3(2) of the NSA based on an FIR registered against the petitioners under Sections 3, 5A, and 8 of UP Prevention of Cow Slaughter Act, 1955.
According to the grounds of detention, police received information from an informer on April 23, 2025 regarding certain persons committing cow slaughter. After checking inside the house, the police recovered a skinned head, legs, skin and meat.
Upon scientific examination by the veterinarian, the recovered meat was identified as beef. The remaining material was identified as that of a cow progeny.
While they were incarcerated, the station house concerned submitted a report to the superintendent of police (SP) stating that the petitioners' act caused a tense atmosphere for five to six days.
It was claimed that since the sentiments of the Hindu community were disturbed, there was discontentment and anxiety in the public at large, resulting in an adverse effect on public life.
After receiving the forwarded reports, the DM passed the detention orders on July 7, 2025, directing that the petitioners be detained for a period of 12 months.
