Within Four Walls, No Disturbance Of Public Peace: Why Allahabad HC Quashed NSA Detention Over Alleged Cow Slaughter

A bench of Justice Rajeev Misra and Justice Dr Ajay Kumar-II thus allowed two habeas corpus writ petitions filed by Isham alias Isam and Samir while directing that they be released immediately from custody.

The Court observed that due to the alleged act, which involved the slaughter of only one cow, there was no violence or disturbance of public peace & order or disturbance of communal harmony.

"In view of the discussion made about, the inescapable conclusion is that detention order passed against the petitioner under the National Security Act, cannot be sustained either in law or fact. As such same is liable to be quashed by this Court", the bench observed in its orders.

Briefly put, the detaining authority (District Magistrate, Shamli), originally passed the impugned detention order under Section 3(2) of the National Security Act based on an FIR registered against the petitioners under Sections 3, 5A, and 8 UP Prevention of Cow Slaughter Act, 1955.

According to the grounds of detention, police received information from an informer on April 23, 2025, regarding certain persons committing cow slaughter.

After checking inside the house, police recovered a spinned head, legs, skin and meat. Upon scientific examination by the veterinarian, the recovered meat was identified as beef.

The remaining material was identified in the remains of a progeny of a cow. While Accused-Hasim was arrested on the next day (April 24), Accused-Samir could be arrested only on June 27.

While they were incarcerated, the SHO concerned submitted a report to the SP concerned stating that the petitioners' act caused a tense atmosphere for 5-6 days.

It was claimed that since the sentiments of the Hindu community were disturbed, there was discontentment and anxiety in the public at large, resulting in an adverse effect on public life.

Upon receiving the forwarded reports, the District Magistrate passed the detention orders on July 7, 2025, directing that the petitioners be detained for a period of 12 months. The State Government ultimately confirmed the order on August 19.

Challenging the detention, the petitioners' counsel, Gautam Baghel, argued that the alleged act of the petitioners did not occur outside the boundaries of his house and therefore, was committed privately beyond public view.

It was also submitted that the counter-affidavit filed by the respondents contained no pleading that, on account of the petitioner's act, there was communal violence resulting in a breach of public peace or injury to any person.

Against the backdrop of these submissions, the division bench referred to the High Court's rulings in the cases of Faiyyaz Quraishi Vs. Union of India 2019, wherein a detention order was quashed, noting that there was nothing to suggest that the act of slaughter took place inside the four walls of one's house or that animal parts were taken out for sale in public view, rendering it a well-secreted act.

The bench noted that while cow slaughtering is banned in the State and the petitioner's act can be said to be violative of the UP Prevention of Cow Slaughter Act, the undisputed fact remains that the alleged incident occurred within the four boundaries of the house.

"…alleged incident occurred within the four boundaries of the house and not in public place. As a consequence of above, there was no violence or disturbance of public peace & order or disturbance of communal harmony", the bench noted.

Hence, concluding that the detention order cannot be sustained either in law or fact, the bench quashed the detention order along with the subsequent confirmation order passed by the State Government.