Rajasthan HC quashes cow-smuggling case against Pehlu Khan, his two sons

Khan (55), his two sons and others were stopped and assaulted by a mob of cow vigilantes near Behror in Alwar district on April 1, 2017 for transporting cows. Khan succumbed to his injuries two days later on April 3. All six accused in the lynching case were acquitted by an Alwar court on August 14, this year. Giving all the accused the benefit of the doubt, the court observed that the Rajasthan Police probe had “serious shortcomings” and signified “gross negligence”.

In May 2019, a chargesheet was filed against Khan, his sons and Khan Mohammed who owned the truck. Pehlu’s sons Irshad and Aarif were charged under sections 5, 8 and 9 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995, while Mohammed was charged under section 6 of the Act.

The chargesheet, in which Pehlu Khan has been posthumously charged, was prepared on December 30 last year, days after the new Congress government came into power in Rajasthan, and was presented in the court of the Additional Chief Judicial Magistrate in Behror on May 29 this year.

Section 5 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and Rules, 1995 pertains to prohibition of the export of bovine animals for the purpose of slaughter and regulation of temporary migration or export for other purposes.

According to Section 6, the transporter is also an abettor and is liable for the same punishment as the person committing the offence. Section 8 is about the penalty for such offences while Section 9 mentions punishment for causing hurt to a bovine animal.