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| What will the PDP-BJP Govt do now? | | The beef debate and HC verdict | |
Early Times Report
JAMMU, Oct 16: The three-Judge Bench of the J&K High Court, which met today at Srinagar, vacated the Jammu division Bench order on beef ban. It also disposed off the petition seeking abrogation of the 1864 law regarding the cow killing and beef eating. Besides, it directed the Chief Secretary to take appropriate action on the issues raised in the PIL filed by a Kashmir University Professor before the Kashmir bench of the High Court.
The three-Judge bench consisting of Justices Muzaffar Hussain Attar, Ali Muhammad Magrey and Tashi Rabstan turned down the beef ban order passed by the Division Bench of the High Court in Jammu on September 8 and also disposed off the public interest litigation (PIL) filed before the Srinagar Bench which had sought repeal of section 298A and section 298B of the Ranbir Penal Code (RPC) with clear directions to the State Chief Secretary to take appropriate action on issues raised in the petition. Last week, the apex court had directed the Jammu and Kashmir Chief Justice to constitute a three-judge bench to resolve the issue taking into consideration the conflicting orders of the Jammu Bench and Kashmir Bench of the High Court.
It bears recalling that while the Jammu Division Bench had directed the State police chief to strictly implement the existing laws on beef ban, the Srinagar Bench had issued notices to the State Government on the PIL that sought abrogation of the 1864 laws regarding cow killing and consumption of meat and sale of beef in the State.
The verdicts of the three-member Bench of the High Court has created a peculiar situation for the State Government in the sense that it didn't abrogate Section 298 A and section 298 B and threw the ball in the court of the State Government. It was a right approach. Since these sections are very much part of the RPC and since the RPC is in force in the State, it is the fundamental duty of the State Government to enforce the laws in the form in which they are.
The State Government has only two options before it. One is that it convenes an emergency session of the State Legislature to decide the fate of the laws regarding cow killing and consumption of meat in the State. These laws were enacted by the State Legislature during the regime of Maharaja Hari Singh and these could be amended or repealed only by the Legislature. No court can enter the Legislature's domain unless it feels that a particular piece of legislations goes against the basic structure of the constitution, as happened today in Delhi, where the Supreme Court dismissed National Judicial Appointment Commission (NJAC) saying it was against the basic structure of the Indian Constitution. The other option is to interpret the laws as they are and implement them in letter and spirit. In other words, it has no other option but to ensure that no one takes the law of the land into his hand and that anyone found guilty of violating these laws will have to be brought to justice. Not to enforce these laws would mean the subversion of the legal system and the resultant anarchy and lawlessness in the State. |
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