Cattle Slaughter Allegation, Detention Under NSA

Background

The Allahabad High Court has upheld the 10-month detention of three men under the National Security Act (NSA) for alleged illegal cattle slaughter during Navratri last year in Uttar Pradesh’s Jalaun. The detention orders were passed by the district magistrate on April 28, 2025, after the accused were granted bail in the criminal case.

Court's Observation

The Court observed that the slaughter of bovine animals by the accused on the first day of Navratri was not merely a criminal act, but an act that directly and foreseeably struck at the religious sentiments of a significant section of the community at a moment of heightened communal sensitivity. The timing of the incident elevates the act beyond the category of an ordinary criminal offence into territory where its impact upon community life and public order becomes manifest.

Key Developments in the Case

• Supreme Court Intervention: A bench led by Justices Vikram Nath and Sandeep Mehta characterized the police's failure to include hate crime sections (such as Section 153B and Section 295A of the IPC) as a "grave error".
• Police Response: The UP Police will now seek to withdraw the previously filed chargesheet from the trial court to add these specific hate crime sections and conduct further investigation.
• Sanction Requirements: Prosecutors must obtain formal state sanction under Section 196 of the CrPC (now Section 217 of the BNSS) to proceed with these religious offense charges.

Decision

The Court ruled that the detention orders are founded on material that legitimately and demonstrably disclose threat to “public order”. The Court held that the alleged incident had ramifications beyond ordinary law and order, given its potential to disrupt communal peace. The Court concluded that the detaining authority had recorded satisfaction based on cogent material, including the likelihood of the detention of repeating such acts if released on bail.

The key points of the judgment are:

• The Court upheld the detention orders under the NSA, finding that the act of cattle slaughter during Navratri was a threat to public order.
• The Court observed that the timing of the incident was deliberate and struck at the religious sentiments of a significant section of the community.
• The Court held that the detaining authority had followed all statutory procedures, including timely approval by the State government and scrutiny by the advisory board.

Cause Title: Hasnen and Others vs. State of Uttar Pradesh