No problem in hearing beef ban cases at Srinagar: CJI
Petitioner wanted cases to be heard in Jammu or outside the state
Chief Justice of India HL Dattu today said J&K High Court Chief Justice NP Vasanthakumar did not anticipate any problem in hearing the beef ban petitions at Srinagar.
The CJI said the High Court CJ gave this assurance to him when he talked to the CJ last evening on phone. The CJI disclosed this to a petitioner, Parimoksh Seth, who wanted the cases to be heard at Jammu or outside the state in view of the surcharged atmosphere in Srinagar.
Seth said a beef party was hosted by an MLA recently while senior ministers and leaders were making statements advocating beef-eating despite the fact that this was not allowed under the law.
He said the situation had worsened following the SC’s order on October 5 suspending for two months the operation of the Jammu and Kashmir High Court’s directive to the police to enforce the ban on the sale of beef in the state.
Seth, however, withdrew his plea following the CJI’s remarks and assurance that he could approach the SC again in case there was any problem.
The SC passed the October 5 on a petition by the state government pleading for removal of the confusion arising from two conflicting HC orders — one passed by a Jammu bench and the other by a Srinagar bench, both comprising two judges each — on two petitions.
The apex court had also asked the HC CJ to set up a three-member bench at Srinagar to hear both petitions and pass appropriate orders so that there was no confusion.
The state government had come to the SC following the HC orders — one for enforcement of the ban and the other sought state government’s response on a plea for quashing the law that bans the beef sale.
The HC’s bench at Jammu had asked the state police chief on September 8 to ensure that there was no sale of beef anywhere in the state. It was hearing a writ petition by Seth, pleading for the enforcement of the ban provided under the Ranbir Penal Code (RPC).
A week later, a Bench at Srinagar issued notice to the government on September 16 on a plea by another writ petitioner, SM Iqbal Qadri, for quashing the RPC provision that prohibits slaughter and sale of bovine animals.
