New Delhi: The Allahabad high court questioned the unnecessary use of the Cow Slaughter Act and the Prevention of Cruelty to Animals Act in “frivolous FIRs” across Uttar Pradesh and sought an explanation from senior state officials on the matter.

The court has directed the Uttar Pradesh Director General of Police (DGP) and the Principal Secretary (Home) to file personal affidavits explaining the action that will be taken against police personnel over such “casual FIRs” and why directions should not be issued to the state to prevent such cases.

A bench of Justices Abdhesh Kumar Chaudhary and Abdul Moin issued the directions while hearing a case where the accused was charged of slaughter, even though the calves he was transporting were found alive. 

The petitioner, Rahul Yadav, had challenged an FIR filed against him on January 3 in Pratapgarh district on charges of transporting nine calves, slaughter and causing grievous hurt, the Indian Express reported.

The court stated that transportation was not a crime in the state and the charge of slaughter was false. 

Barring coercive action against the petitioner, the court said, “The matter cannot be treated to be so simple inasmuch, as this court is deluged with such matters on the basis of First Information Reports being filed left and right by authorities and complainants under provisions of the Act.”

The court said that such cases were “wasting precious time of both police authorities… as well as this court”. Apart from the wasted judicial time, the court said that aggrieved individuals too spent their valuable money and time in fighting these cases.

‘Violence, lynching and vigilantism is the order of the day’

The court also noted increasing cases of vigilantism in the state. “Another connected aspect of the matter under the garb of the Act… is vigilantism… by various persons. Why we say this is because a few days ago, a Bench of this Court was seized of a matter in which a person’s car was stopped by vigilantes and, thereafter, it was not traceable. In the said writ, instructions have been called for by the Court. Violence, lynching and vigilantism is the order of the day.”

The court referred to the apex court’s 2018 guidelines that outlined preventive, remedial and punitive measures with specific instructions to the courts, central and state government, DGP, Home Secretary and even to investigating officers.

“Mob vigilantism and mob violence are to be prevented by governments by taking strict action, by… society who ought to report such incidents to the state machinery, and by police instead of taking law and order into their own hands,” it said.

Listing the matter for November 7, the court said that if the affidavits are not filed, the Principal Secretary (Home) and DGP shall appear in person before the court.

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