SC suspends beef ban in J&K for two months, asks high court to form bench


New Delhi, Oct 5 (PTI): The Supreme Court today suspended for two months a controversial court order for enforcing ban on the sale of beef in Jammu and Kashmir while asking the Chief Justice of J-K High Court to set up a three-judge bench to decide on two conflicting orders on the issue.

A bench headed by Chief Justice H L Dattu directed that the September 8 order of the Jammu bench of the High Court, by which it had ordered enforcement of ban on sale of beef in the state in pursuance of Ranbir Penal Code (RPC) provisions, be kept in abeyance for two months.

The bench also referred to the order passed by another division bench of high court at Srinagar in which the state was given liberty to amend the RPC provision in question.

The bench, also comprising Justice Amitava Roy, said, "Since there are conflicting expressions given by two division benches of the high court, we request the learned Chief Justice to constitute a bench of three learned judges to take a decision on the writ petitions."

Asking the apex court registry to intimate its counter part about the order "forthwith", the court further said that the Chief Justice of the high court will be at liberty to decide the place where the larger bench will hear and decide together the two writ petitions.

The bench disposed of the petition filed by the state government which had said that the inconsistent views of the two benches of the high court were being "misused" to disturb peace and communal harmony in the state.

While the Jammu bench of the Jammu and Kashmir High Court had ordered enforcement of the bar on the sale of beef in the state under the RPC, the Srinagar bench agreed to hear a separate plea seeking scrapping of the provision that bars slaughter of bovine animals.

The order asking the police to enforce the beef ban had led to strong protests in the state and forced a three-day internet shutdown during the Eid festival to avert any flare-ups.

The state, in its plea, had said, "Vide impugned orders of Jammu & Srinagar Benches of the Jammu & Kashmir High Court... have passed two mutually conflicting orders which have grave ramifications for the law and order situation in the State of Jammu and Kashmir as orders are being misused and interpreted in a manner so as to disturb peaceful fabric of the State."

It had said that the apex court should "ensure there is uniformity and consistency in judicial pronouncements and no scope to exploit the present situation by disrupting communal harmony, amity and peace in the state and thereto alienating people of the State from national mainstream."

In its order, the Jammu bench had said, "The Director General of Police is directed to ensure that appropriate directions are issued to all the SSPs/SPs, SHOs of various police districts so that there is no sale of beef anywhere in the State of J&K and strict action is taken in accordance with the law against those who indulge in it."

On the other hand, the Srinagar bench, on September 16, issued notice on a plea that had sought striking down of the RPC provision banning slaughter of bovine animals.

It was alleged in the plea before the Srinagar bench that the RPC provision was "ultra-vires" as the bar constituted an "unreasonable infringement" on fundamental rights of citizens.

The Srinagar bench had also said that the pendency of the plea before it will not operate "as a bar" if the state wants to do away with the provision.

"...We would like to make it clear that if the State or Legislature contemplates or takes steps for scrapping or amending the provisions as are under challenge, the pendency of this writ petition shall not operate as a bar," it had said.

  

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Comment on this article

  • D'M'DSouza, Mlore/Dubai

    Mon, Oct 05 2015

    BJP/Modi sarkar wants beef ban in india but they don't want ban on slaughterhouse...for export.it means cow s#it for Indians cows meat for foreigners...what a plan..!
    Im wondering why not beef ban in Goa..?why only maharashtra when there is same BJP government....?

    DisAgree Agree [5] Reply Report Abuse

  • Charles D'Mello, Pangala

    Mon, Oct 05 2015

    If BJP really thinks Cow has thousands of Gods in it...Let them stop beef export and also ban beef all over India..!!!?? If they do this, BJP's name will be only in history and also majority of Hindus who rear cattle will start selling beef...as they can not take care of them when they render useless...!!!!??? Cow is go maatha only when it gives milk and healthy...once it stops giving milk somebody has to take care of it..(in and around temple square or Go Shala). This is the love for a cow we show (who is supposed to be embedded with thousands of Gods in it)

    DisAgree Agree [5] Reply Report Abuse

  • TomCat, Mangalore

    Mon, Oct 05 2015

    The middle east should ban beef from india as this will be solution for the beef ban jumla.

    DisAgree Agree [9] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Mon, Oct 05 2015

    Dear all Daijiworld commentators:

    WHY INDIA SHOULD BAN EXPORT OF COW / CATTLE MEAT TO FOREIGN COUNTRIES. LET OUR INDIA EXPORT BEEF TO FOREIGNERS WHO ARE ANTI NATIONALS FOR BJP.

    THE QUESTION TO ASK IS:

    WHY THE BESHARAM PARTY IS BANNING BEEF FOR US INDIAN NATIONALS.

    FIRST PROVIDE BEEF TO INDIAN NATIONALS REST YOU CAN EXPORT FOREIGN NATIONALS FOR INDIA'S INCOME.

    DisAgree Agree [5] Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Mon, Oct 05 2015

    No, make a national beef-ban as the greatest accomplishment of the BJP Government and let the street rowdies enter the homes of the innocent people and torture or kill them as their joy parade to get the holy cow mother's blessings upon the nation.

    In the olden times, animal sacrifice were done by many religions to please GOD and for the absolution of sin now India under the BJP Government has shifted to human sacrifice using the cattle meat.

    DisAgree [1] Agree [37] Reply Report Abuse

  • nazeer Husain, jeddah saudi Arabia

    Mon, Oct 05 2015

    Supreme court must care for the protection of human life rather than the animals.There are number of mahammad aqlaaks lost their life or brutally tortured due to somebody's illogical blind believes.Totally removing the cow slaughter is need of the hour especially under this digital heart prime minister whose sanghi ideology fully behind dadris cold blooded murder.

    DisAgree Agree [26] Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Mon, Oct 05 2015

    My friend, human lives have no value now in India, but only the cattle.

    Only the rich and politically powerful are counted in the population data, the of the people are mere ants or rats.

    The Supreme court Judges might be afraid to speak out loudly due to their fear of divine and political punishment.

    DisAgree Agree [2] Reply Report Abuse

  • Suman, Mangalore

    Mon, Oct 05 2015

    First stop exporting beef..then talk about banning it in India.

    DisAgree [1] Agree [37] Reply Report Abuse

  • Sur,

    Mon, Oct 05 2015

    Why only beef, bcoz minorities eat it?
    Why not ban killing rat, fish, ill treating dogs as all these have same respect in hindu mythology.
    Why exporting beef by Feku govt?

    DisAgree Agree [37] Reply Report Abuse

  • shaji, mangalore

    Mon, Oct 05 2015

    Why lifting the ban only for 3 months. Either it shuld be for ever or slaughter of all kinds of animals should be banned all over india. Slaughtering of animals by human being should not be banned while it is being allowed to slaughter the animals by sangh parivar industrialist for export. Either ban it or make it legal.

    DisAgree Agree [24] Reply Report Abuse

  • Mohi, Manglore

    Mon, Oct 05 2015

    Can anyone clarify whether bull could be slaughtered?

    DisAgree Agree [22] Reply Report Abuse

  • N.M, Mangalore

    Mon, Oct 05 2015

    BaJaPa is a failed party of criminals and uneducated lumpen elements and RSS is a neo nazi mother organization.

    DisAgree Agree [46] Reply Report Abuse

  • Shahul, Honnali

    Mon, Oct 05 2015

    Next

    30% Reservation in parliament for Cows.

    DisAgree [2] Agree [65] Reply Report Abuse

  • sid, mangalore

    Mon, Oct 05 2015

    Beef was always banned in J & K and majority there dont consume beef as a tradition. Of course now Dongis dont have any work and will make noise and force feed people with beef stories

    DisAgree [39] Agree [6] Reply Report Abuse

  • SUHAN, Mangalore

    Mon, Oct 05 2015

    let the government give license to only authorized persons or companies with rules for beef meat dealing for Hygiene of meat and to avoid cruelty as done in other countries. As the meat is eaten by most people of the world and even in eastern states of India without any problem, there should not ban on beef. Banning beef will not solve problems. It has to be allowed to eat without disturbing others who do not want to eat. Beef banning has become a ego issue than the religious issue.

    DisAgree Agree [34] Reply Report Abuse

  • Ramesh S, mangalore

    Mon, Oct 05 2015

    ..SC asked HC to form a bench!! bench for BEEF DINNER!!..there is a pattern in media frenzy, politics..last year every theft, criminal act termed as attack on religious places..now since 2-3 months its all about Meat..today SP minister AZAM KHAN says he will complaint to UN!!..in UP his Govt, He is minister why UN!!..this crap sent used 100 policemen for 30 days to search his Buffalo..if he used these police for safety of people it would have been better..its reported that in police force to Govt dept all are YADAVs of SP party..MULAYAM openly says his party workers do goondaism..now they play politics on Beef..

    DisAgree [6] Agree [10] Reply Report Abuse

  • Acchu, Mlore

    Mon, Oct 05 2015

    Congress party never stopped any religious rights.

    DisAgree [3] Agree [54] Reply Report Abuse

  • Flavian, Mangaluru/Kuwit

    Mon, Oct 05 2015

    BJP's credibility is reaching new horizon with all such controversies and decisions.
    This is just the beginning.
    Aage aage dekho hota hai kya.
    Indians will not remain silent admirers for long.

    DisAgree [4] Agree [36] Reply Report Abuse

  • prem, moodbidri

    Mon, Oct 05 2015

    Ban beef all over India & also ban export of beef from India.

    DisAgree [4] Agree [51] Reply Report Abuse

  • S.M. Nawaz Kukkikatte, Dubai

    Mon, Oct 05 2015


    they can do ban beef throughout India, but they dont have guts to ban in export.

    DisAgree Agree [41] Reply Report Abuse

  • Hussain, Abudhabi

    Mon, Oct 05 2015

    Beef beef beef beef beef .....National Headline news Beef ...State news beef ...Region news beef ...Taluk news beef ....Govt also beef .....India is number one in Beef....Killing also beef ....Beef beef beef beef

    DisAgree [1] Agree [77] Reply Report Abuse

  • MW, Dubai

    Mon, Oct 05 2015

    No 1 dish beef chilly

    DisAgree [1] Agree [18] Reply Report Abuse

  • Praveen, Kulshekar

    Mon, Oct 05 2015

    Apanda Dever SC or Pettha or for two months cow is not holy. Now ally bjp says we have to obey the SC orders until then it's not gomatha

    DisAgree [4] Agree [54] Reply Report Abuse

  • jeevan, mangalore

    Mon, Oct 05 2015

    First of all learn to respect the religious sentiments of majority community...

    DisAgree [77] Agree [7] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Mon, Oct 05 2015

    Dear jeevan, mangalore,

    My faith says I can eat any meat which is delicious to you/me.

    Despite the Cow meat is the most eligibility written in the Holy Bible. So why you people are harming / wounding my emotions and sentiments of beef eating. Daily the Fundoos are wounding / hurting my religious sentiments and I am emotional in eating of beef at the higher prices.

    DisAgree [4] Agree [48] Reply Report Abuse

  • KK,

    Mon, Oct 05 2015

    jeevan, mangalore
    First you respect yours religious senti. Why only drama on cow? Why dont your Sri feku is not banning cow export? Why none of your sangis bakhts are against cow export?

    DisAgree Agree [25] Reply Report Abuse

  • gm, mlur

    Mon, Oct 05 2015

    You practice your religion at the same time don't force anyone to do this and that.

    DisAgree Agree [43] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Mon, Oct 05 2015

    Jeevan
    As a person, I am least bothered about beef. That is apart. Yesterday, there was an article in Times of India, where one Mr Aiyar, who claims to be a Brhamin says he eats beef. He says many Hindus eat beef, also he says earlier swamis used to eat beef. In Nepal, they openly sell beef preparations in hotels. A lot of cow meat is exported from India. More Inf. read 400 acre cow slaughterhouse of Al-khabeer. What I say here is, there should not be double standard. Are cow meat eating Hindus are not part of majority ?

    DisAgree Agree [42] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Mon, Oct 05 2015

    In the last sentence "are" to be read only once.

    DisAgree Agree [10] Report Abuse

  • Praveen, Kulshekar

    Mon, Oct 05 2015

    That's it give respect and take respect! Don't expect we minority to respect just because you are majority

    DisAgree Agree [33] Reply Report Abuse

  • ilyas, qatar

    Mon, Oct 05 2015

    Anna majority people beef tinre podu ini beef da kg 200 rs .

    DisAgree Agree [24] Reply Report Abuse

  • Charles D'Mello, Pangala

    Mon, Oct 05 2015

    Jeevan, Mangalore....keep your biased religious sentiments to yourself. by the way how many cows you are taking care of in mangalore...!!!???

    DisAgree Agree [3] Reply Report Abuse

  • D'M'D'Souza, Mlore/Dubai

    Mon, Oct 05 2015

    Dear Jeevan why don't you have same religious sentiments in Goa when there is BJP government also when doing export.

    DisAgree Agree [3] Reply Report Abuse

  • MOHSIN AHMED, ABUDHABI

    Tue, Oct 06 2015

    Jeevan...we are expecting your answer... please.

    DisAgree Agree [3] Report Abuse

  • MILAN, DXB

    Mon, Oct 05 2015

    DIVERTING ISSUE OF VYAPAM SCAM TO BEEF

    DisAgree [3] Agree [68] Reply Report Abuse

  • V V , BAJPE/BAHRAIN

    Mon, Oct 05 2015

    Beef banned
    Where our Daisy will go and buy?!!!!

    DisAgree [1] Agree [25] Reply Report Abuse

  • prem, moodbidri

    Mon, Oct 05 2015

    No 'MonkeyBath' on burning issues... it is only on useless topics.

    DisAgree [7] Agree [39] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Mon, Oct 05 2015

    COW BUSINESS FROM THE COW GOVERNMENT.

    The supreme court is not issuing a direct non-ban of cow slaughtering judgement. (S.C. SHOULD SCRAP THE BANNING OF COW ALL OVER INDIA).

    DisAgree [6] Agree [45] Reply Report Abuse

  • prem, moodbidri

    Mon, Oct 05 2015

    'Cattle class' central govt... 'Cow dung' mentality Bhakts !

    DisAgree [4] Agree [63] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Mon, Oct 05 2015

    Dear prem, moodbidri,

    HAHAHAHAHAHAHAHA.......

    BESHARAM JAANUVAAR PARTY.

    DisAgree [2] Agree [36] Reply Report Abuse

  • gm, mlur

    Mon, Oct 05 2015

    Are there any other important issues than this cattle and beef? Everyday our government from the top to the bottom involved in this cattle business.

    DisAgree [3] Agree [55] Reply Report Abuse


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Title: SC suspends beef ban in J&K for two months, asks high court to form bench



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