Allahabad High Court Cancels NSA Detention of Two Shamli Men, Says Alleged Cow Slaughter Did Not Disturb Public Order

By Rajesh Pandey

The Allahabad High Court has set aside a detention order issued under the National Security Act (NSA) against two Shamli residents accused of cow slaughter, ruling that the circumstances of the case did not justify invoking the stringent preventive detention law.

The court observed that the alleged slaughter took place inside a private residence and not in a public space.

It further noted that there was no evidence to suggest that the incident led to violence, disrupted public peace, or triggered communal unrest—factors that are essential for detention under the NSA.

Allowing separate habeas corpus petitions filed by Isham alias Isam and Samir, a division bench comprising Justice Rajeev Misra and Justice Dr Ajay Kumar-II directed authorities to release both men from custody without delay.

In its order, the bench stated that the detention order could not withstand legal scrutiny.

The judges held that neither the facts of the case nor the applicable law supported the continued detention of the petitioners under the National Security Act, making the order liable to be quashed.

The detention order had been issued by the District Magistrate of Shamli under Section 3(2) of the NSA. It was based on an FIR registered against the two men under Sections 3, 5A and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.

According to the grounds cited for detention, police received information from an informer on April 23, 2025, regarding alleged cow slaughter at a residence.

During a search of the premises, officers reportedly recovered animal remains, including a head, legs, skin and meat.

A veterinary examination later concluded that the meat was beef and that the other remains belonged to a cow progeny.

While the accused were already in custody, the local station house officer submitted a report to senior police officials claiming that the incident had created tension in the area for several days.

The report further alleged that sentiments within the Hindu community had been hurt, leading to public dissatisfaction and anxiety, which supposedly affected normal public life in the locality.

Relying on these reports, the District Magistrate passed detention orders on July 7, 2025, directing that both men be detained for a period of 12 months.

The Uttar Pradesh government subsequently approved and confirmed the detention orders on August 19.

During the hearing, counsel for the petitioners argued that the alleged offence had taken place entirely within the confines of a private house and was not committed in public view.

Therefore, it could not be said to have disturbed public order or posed a threat to societal peace.

The petitioners also pointed out that the state authorities, in their counter-affidavits, had failed to present any evidence showing that the incident resulted in communal violence, public disorder, injuries, or any actual breach of peace.

While examining the matter, the High Court referred to its earlier judgment in Faiyyaz Quraishi vs Union of India (2019), where a similar detention order had been struck down.

In that case, the court had held that when an alleged act of cow slaughter occurs within a private residence and remains concealed from public view, it does not automatically amount to a threat to public order.

The bench acknowledged that cow slaughter is prohibited under Uttar Pradesh law and that the allegations, if proven, could constitute an offence under the Cow Slaughter Act.

However, the judges emphasized that the crucial issue was whether the incident had disturbed public order to such an extent that preventive detention under the NSA became necessary.

The court concluded that the alleged incident took place entirely within the boundaries of a private home and not in a public place.

As a result, there was no material to establish that it led to violence, communal tension, or any breakdown of public peace and harmony.

Holding that the requirements for invoking the National Security Act had not been met, the High Court quashed both the original detention order and the subsequent confirmation order issued by the state government.

The judgment, delivered on May 26, cleared the way for the immediate release of the two petitioners.