A division bench of Justices J J Munir and Sanjiv Kumar, in its order dated April 16, observed, “There are some issues where the community is sensitive to the extent that if these surface, there is an inherent potentiality of creating widespread ripples in society that would affect the even tempo of life. One of them is cow slaughter.”
“History is replete with instances of profusion of emotions and violence that an incident of this kind entails. Violent reactions at the happening of cow slaughter are so well reputed that no one can feign ignorance of the fact, violation of the law apart,” it observed.
“The particular act of slaughtering a cow, as already remarked, has immediate and widespread ramifications in society, almost always leading to widespread violence that takes toll on a tranquil society and throws life out of gear,” it further observed.
It added there are a series of decisions by the court which acknowledge the fact that cow slaughter foments communal tension, brings disharmony, and results in a situation that leads to disturbance of public order.
The bench ordered, “We are of the opinion that there is no infirmity in the order impugned, directing the petitioner’s detention under the NSA. This habeas corpus writ petition fails and is dismissed.”
Story continues below this ad
What transpired last year
The case pertains to the arrest of five men, including the petitioner, Sameer, after a team at Jhinjhana police station in Shamli reportedly recovered remains of cows’ progeny (calves) in a field in Lavdaudpur village on March 15 last year. The police team called a Veterinary Medical Officer, who reportedly identified the remains as belonging to several calves.
Sameer’s father, Shamshad, then filed a habeas corpus petition in the HC against his detention under the NSA ordered by the Shamli District Magistrate. It was invoked on May 15 and confirmed by the state government on June 12, 2025.
The NSA, as mentioned in the court order, was invoked based on reports by the police team and endorsed by the local intelligence unit. The reports allegedly said Sameer had conveyed to his relatives that he’d be released on bail and would indulge in cow slaughter.
As per the FIR, referred to in the court order, the incident took place around Holi and led to unrest. Activists of several right-wing outfits, including the Bajrang Dal and Shiv Sena, staged a protest demanding the arrest of the accused.
Story continues below this ad
The crowd blocked the Jhinjhana-Thana Bhawan road, throwing traffic out of gear for long hours. Police had a tough time pacifying the protesters and maintaining law and order that day, the FIR stated. It said the incident affected more than 10 adjoining villages, and heavy police force had to be deployed to prevent further escalation.
Five accused, including the petitioner, were arrested following a shootout. In the exchange of fire, a few of them sustained gunshot injuries to their legs, the police report stated.
‘Leads to disturbance of daily life’: Court
Citing the intensity of the incident, the court observed that the facts amply show it was no isolated incident of a violation of law and order, but one which threw the even tempo of life out of gear.
“It is not necessary that there should be actual violence, loss of human life and property, before an incident can be termed as disturbance of public order. It is a disturbance of the daily and ordinary movement of life… which are the index of vitiation of public order,” observed the bench.
Story continues below this ad
The bench stated that one has to bear in mind that the offence committed by the petitioner was not an offence of the ordinary violent kind, that affected the life of one individual or a group of them. He had committed an act that aroused public outrage amongst a large section of the population, whose religious feelings were hurt.
“This kind of an offence, if repeated again… his release, would certainly imperil the even tempo of life of the locality, and… public order,” the court observed.
