Allahabad High Court Upholds NSA Detention in Jalaun Cow Slaughter Case, Cites Threat to Public Order During Sensitive Religious Period
By Rajesh Pandey
The Allahabad High Court on Thursday affirmed the preventive detention of three men accused of illegally slaughtering cows in Uttar Pradesh’s Jalaun district on March 30, 2025 — a date that marked the first day of Chaitra Navratri and coincided with Eid.
Observing that the alleged act occurred at a time of heightened religious sensitivity, the court held that it was not merely a criminal offence but one that had the potential to inflame communal sentiments and disrupt public order.
Accordingly, it dismissed the habeas corpus petitions filed by Hasnen, Saiyyaj Ali and Sikandar challenging their detention under the National Security Act (NSA).
Court’s Observations on Religious Sensitivity
A Division Bench comprising Justice Chandra Dhari Singh and Justice Devendra Singh-I remarked that the slaughter of bovine animals on the opening day of Navratri — a festival during which the cow is revered as sacred by many Hindus — could foreseeably wound religious feelings and disturb communal harmony.
The Bench underscored that when such an act occurs during overlapping religious observances, its impact cannot be assessed in isolation. Instead, the ripple effects on societal peace and the “even tempo of life” in a locality must be considered.
Background of the Case
According to the prosecution, police personnel on patrol allegedly received information on March 30, 2025, that a group of seven to eight individuals were engaged in illegal cattle slaughter between agricultural fields and shrubland in the Kotwali Kalpi area of Jalaun.
An FIR was registered the following day under provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, the Prevention of Cruelty to Animals Act, and the Arms Act.
Police claimed recovery of approximately two to three quintals of beef, along with knives and other tools allegedly used in the act. One individual was arrested at the scene, while others were later named during the investigation.
The three petitioners were taken into judicial custody between March 31 and April 11, 2025.
Although two co-accused secured bail in April, the District Magistrate of Jalaun invoked Section 3(2) of the NSA on April 25 and April 28, ordering preventive detention because the alleged act had generated fear and communal tension in the area.
Procedural Safeguards Followed
The detention orders were approved by the state government within the prescribed statutory timeline and subsequently placed before the Uttar Pradesh Advisory Board under Section 10 of the NSA.
The detainees were informed of their right to representation and were personally heard by the Board on May 28, 2025.
After examining the material on record, the Advisory Board opined that sufficient grounds existed for preventive detention.
Thereafter, the state government confirmed the detention for a period of twelve months.
Petitioners’ Arguments
Before the High Court, the detenues contended that they had been falsely implicated and argued that, at most, the case involved a breach of “law and order” rather than “public order.”
They maintained that preventive detention was unjustified, particularly since the investigation had culminated in a charge sheet and they had no prior criminal record.
It was also argued that the detention orders were issued mechanically without due application of mind, thereby violating constitutional protections under Articles 14 and 19.
State’s Stand and Court’s Reasoning
The state government opposed the petitions, asserting that the magnitude of the alleged recovery and the timing of the incident had created communal tension and disturbed normal life in the locality.
After reviewing the case records, the High Court reiterated that preventive detention is not punitive but precautionary in nature.
Courts, it noted, do not function as appellate authorities over the “subjective satisfaction” of the detaining authority, provided the decision is based on relevant material and statutory safeguards are observed.
Drawing a clear distinction between “law and order” and “public order,” the Bench observed that while the former concerns individual offences, the latter involves situations where the community at large is affected.
When an act is capable of placing an entire locality under fear or tension, it transcends a simple law-and-order issue.
In this case, the court found that the scale of the alleged activity, coupled with its timing during a period of overlapping religious observance, justified the conclusion that public order was at risk.
Detention Upheld
Concluding that the procedural requirements under the NSA were fully complied with and that the detention orders were supported by relevant considerations, the High Court declined to interfere in its habeas corpus jurisdiction.
The writ petitions were dismissed, and the preventive detention orders dated April 25 and April 28, 2025, were upheld, confirming the petitioners’ detention for a period of one year.
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