Cow protection law: Punjab and Haryana High Court issues notice to Haryana on plea challenging delegation of police powers to private individuals

Sheoran submitted that while police officers or government officials can be entrusted with such powers, delegating them to “any person authorised” — which, in practice, has included private volunteers — amounts to conferring sovereign powers of search, seizure, and confiscation on non-state actors. “What is happening across the state is that individuals and so-called volunteers are stopping vehicles, conducting searches, and seizing property under the guise of Sections 16 and 17,” he argued.

Citing Supreme Court and Andhra Pradesh High Court judgments, Sheoran contended that powers of search and seizure are “sovereign functions” that cannot be delegated to private persons. “There is no similar provision under the Code of Criminal Procedure (CrPC) that allows private individuals to perform such acts. The law clearly restricts these powers to police or government officers,” he said, referring to CrPC Section 102. The petition has sought that the court either strike down sections 16 and 17 of the Haryana law or stop the authorisation of private persons for enforcement.

After hearing the arguments, the bench issued notice to the Haryana Government, and sought its response. The matter will be heard next on a date to be fixed by the court registry.