Document Fragment View

Matching Fragments

Muzaffar HussainAttar

1. Two Division Benches of this Court, in seisn of two petitions, were called upon to decide one issue, by making diametrically opposite prayers.

2. In PIL No.24/2014 prayer is made to implement the provisions of Section 298-A, 298-B and 298-C of Ranbir Penal Code, Svt. 1989 (1932 AD) (for short RPC).

3. In OWP No.1648/2015 prayer is made to scrap these provisions and declare them illegal and unconstitutional.

4. This bench is constituted in sequel to order of Supreme Court dated 05.10.2015, passed in petition for Special Leave to appeal (c) Nos. 28451-28452/2015, to hear and decide the aforesaid two petitions.

Dy.Commissioner, Reasi in his communication dated 24.10.2014 has stated that in the year 2009 one case under Section 298-A RPC vide FIR No.14 of 2009 was registered in Police Station Reasi and the accused are facing trial.

Similarly, in the year 2010 yet another case, FIR No.109 of 2010 under Section 298-A RPC was registered and accused are facing trial. In another case FIR No.117 offence under Section 298-A RPC was registered and the accused are facing trial. In the year 2012 no such case was registered. In the year 2013 FIR No.63 of 2013 under section 298-A/188 RPC, 3/PCA was registered at Police Station Arnas and the accused are facing trial.

Cases were also registered for illegal transportation of bovine animals.

Additional Dy.Commissioner Doda in his communication dated 13.09.2014 addressed to Divisional Commissioner Jammu has stated that only one incident of slaughtering of she baffaloo surfaced and case FIR 209 of 2013 was registered under Section 277, 278, 188 RPC. It is also revealed in the said communication that no other incident of slaughtering/killing of bovine animals or killing of such animals for commercial purposes has come forth in the District Doda for last two years. It is further provided in the said communication that in order to curb the menace of illegal transportation and killing of bovine animals prohibiting orders under Section 144 Cr.P.C are issued by the Dy. Commissioner Doda after every two months, imposing restrictions on transportation of bovine animals from and within the District. The violators of these orders have been booked for commission of offence under Section 188 RPC.

19. Even otherwise, in view of the status report filed by the Divisional Commissioner, the authorities are complying with statutory provisions requiring to drop these proceedings.

20. In OWP No.1648/2015, the petitioner has challenged the vires of Section 298-A, 298-B, 298-C and 298-D of RPC. It is prayed that these provisions of RPC be declared to be ultravires to the Constitution of India as well as of the Constitution of Jammu & Kashmir and be accordingly struck down.

21. The petitioner has in detail referred to the history of coming into existence of these provisions of law. He has raised specific grounds of challenge in the writ petition. Petitioner has based his writ petition on the violation of constitutional guarantees contained in Article 14, 21, 25 and 29 of Constitution of India.