CHANDIGARH: The Punjab and Haryana High Court has dismissed an anticipatory bail plea of a Nuh man, accused of transporting cows for slaughter, stating that the cow is a pious animal and that "certain acts" can severely impact peace when they offend the beliefs of a "significant population group".
The bench of Justice Sandeep Moudgil, while denying relief to the petitioner, said in an order passed earlier this month and made public on Monday:
"The present offence, apart from its legal implications, is laden with emotional and cultural undertones, given the unique status of the cow in Indian society. This court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts, while otherwise private, can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group."
The judge observed that the cow is not only a pious animal but also an integral part of India's agrarian economy.
The court further stated that the Constitution does not merely protect rights in abstraction but seeks to build a just, compassionate, and cohesive society.
"Article 51A(g) of the Constitution of India enjoins every citizen to show compassion to all living creatures. It is in this context that the act of cow slaughter committed repeatedly, deliberately, and provocatively strikes at the core of constitutional morality and social order," the order stated.
The court observed that the offence in the present FIR deals with the allegation of slaughtering a cow in conscious defiance of existing law and in utter disregard to the sentiments of the community at large.
"It is evident from the material placed on record that the petitioner is not a first-time offender. He is alleged to have previously been involved in three other FIRs pertaining to similar offences. In those cases, the petitioner was granted the benefit of bail as a gesture of judicial trust, which appears to have been misused, rather than respected," said the court order.
The bench emphasised that anticipatory bail is a discretionary relief intended to protect innocent individuals from motivated or arbitrary arrest, not to provide sanctuary to those who repeatedly violate the law with impunity.
"Protection of pre-arrest bail should not be granted when the applicant has been shown to be a habitual offender or where his custodial interrogation is necessary for fair investigation," it added.
The court also cited the Supreme Court verdict in the 2005 State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat case that upheld the constitutional validity of cow slaughter prohibitory laws and recognised the constitutional directive under Article 48 of the Constitution as reflecting the moral and economic ethos of society.
While dismissing the anticipatory bail plea, Justice Moudgil also observed:
"This court is conscious of the need to safeguard individual liberty. But where such liberty is demonstrably misused, and where the petitioner’s conduct is indicative of recidivism, the law must respond with firmness," the court further added while recording that in wake of his criminal antecedents and the grave and serious nature of the allegations in the present FIR, he was being denied interim protection.
As per the state counsel, the petitioner was actively involved in the alleged offence of cow slaughter. Therefore, his custodial interrogation was imperative for a fair and effective investigation, he submitted.
A case was registered against the petitioner, Aasif, and two others on April 3, 2025, in Sadar police station, Nuh, under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act and the Prevention of Cruelty Act.
The allegations were of the recovery of two cows from a canter, kept in a deplorable condition, being transported to Rajasthan for slaughter. The police had claimed that he had been involved in at least three similar FIRs in the past and was apprehended from the place of occurrence.