By TwoCircles.net Staff Reporter,
Hyderabad: Andhra Pradesh High Court on Monday dismissed the Public Interest Litigation pleading implementation of Andhra Pradesh prohibition of cow slaughter and animal preservation Act of 1977, to control anti-social elements taking law into their hands especially during Bakreid in the name of protection of cows.
PIL No. 422/2013 came up for the hearing at the bench of Chief Justice Kalyan Jyoti Sengupta and Justice K.C. Bhanu. The petitioner Advocate Ghulam Rabbani presented before the bench that there is no functional competent authority as prescribed under the Act to certify the sale of animals as defined in the Act, thus its giving space to anti-social elements under the banner of Hindu Vahini, Bajrang Dal, VHP and RSS to attack Muslims who are involved in cattle trading business especially during Bakreid.
Advocate Rabbani also raised a valid point that according to the Act that both buyer and seller has to be prosecuted, but in all the cases Muslim buyers incurred huge losses due to looting of animals in addition to police cases where as the Hindu villager sellers doesn’t face any action at all.
Petitioner pleaded the Court to direct the Government to appoint competent authority for proper certification in hundreds of markets where big animals are sold for Bakreid, so to give legitimacy to the trade business under the act and to stop violent raids by Gou Raksha militia on the highway roads which is resulting in communal tensions.
Chief Justice Kalyan Sengupta after listening to the petitioner, asked him whether he approached the police and registered FIR in such cases; after getting answer in negative, CJ Sengupta stated that according to CRPC rules person first have to approach the concerned police, if no action is taken than court is available.
When petitioner Ghulam Rabbani pointed out that he had already given representations to the state DGP and city commissioner of police but didn’t receive any reply from their office, which was also attached with the petition, than CJ asked him to go in a proper way and approach the local station or the district Superintendent of Police.
Chief Justice in his order dismissing the petition stated that as matter is still premature court cannot entertain the case, however, petitioner is at liberty to approach the court again, if police failed to take any action on his complain even after registering of complaint.
Petitioner Advocate Ghulam Rabbani speaking with TCN said he his amazed by the court judgment as his main demand was just the implementation of existing legislative Act, but court felt the need of FIR to oversee the functioning of the Act.
Even though petition has been dismissed but Advocate Rabbani is taking the court judgment in the positive context all thanks to the liberty granted by CJ in his dismissal order, “Although PIL has been dismissed but the court judgment dismissing it is now binding on police. As it is clearly stated that petitioner is at liberty to approach the court if police doesn’t take any action on the complaints. It is like a warning to the police that if they don’t act then high court will interfere.”
Now Advocate Ghulam Rabbani is planning to file complain in the entire district SP’s office in the state demanding check on the anti-social elements and if any untoward incident occurred of attack on Muslim cattle traders than he will again approach the court in the light of liberty window provided by the CJ.
Related Report:
PIL filed in AP HC demanding implementation of Cow Slaughter Prohibition Act