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

The petitioner said volunteers are misusing search and seizure powers under sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act.

cow protection law 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.

The Punjab and Haryana High Court Wednesday issued notice to the Haryana Government on a Public Interest Litigation (PIL) filed by the National Federation of Indian Women (NFIW) challenging the constitutionality of two provisions in the Haryana Gauvansh Sanrakshan and Gausamvardhan Act that allegedly allow private individuals to exercise police powers.

The PIL, argued by Advocate Arjun Sheoran before the Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, challenges Sections 16 and 17 of the Act. These sections empower “any police officer not below the rank of sub-inspector or any person authorised in this behalf” to enter, stop, and search vehicles or premises, seize cattle, and confiscate vehicles allegedly used in the commission of offences under the Act.

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.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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