HC quashes NSA detention oftwo cow slaughter accused

Prayagraj: The Allahabad high court has quashed a detention order passed under the National Security Act (NSA), 1980, against two persons accused of cow slaughter, noting that the alleged act took place within the confines of a house and not in a public place.

The court held that while cow slaughter is illegal in the state and may attract action under the relevant law, the undisputed fact is that the incident occurred within the four walls of a house.

A division bench of Justice Rajeev Misra and Justice Dr Ajay Kumar-II observed that the alleged slaughter of a single cow did not lead to any violence, disturbance of public peace or order, or disruption of communal harmony—conditions necessary to invoke the NSA.

“As a consequence, there was no violence or disturbance of public peace and order or disturbance of communal harmony,” the bench noted.

Allowing two habeas corpus petitions filed by Isham alias Isam and Samir of Shamli, the bench directed their immediate release from custody.

“The detention order passed against the petitioners under the National Security Act cannot be sustained either in law or in fact. As such, the same is liable to be quashed,” the bench said in its May 26 order.

The Shamli district magistrate had issued the detention order under section 3(2) of the NSA, based on an FIR registered under sections 3, 5A and 8 of the UP Prevention of Cow Slaughter Act, 1955.

According to the grounds of detention, police received information on April 23, 2025, about cow slaughter. During a search of a house, they allegedly recovered a skinned head, legs, skin and meat. A veterinary examination identified the meat as beef and other remains as those of a cow progeny.

While the accused were in custody, the station house officer reported to the superintendent of police that the incident created tension in the area for five to six days. Authorities claimed that it hurt the sentiments of the Hindu community, leading to public anxiety and affecting normal life.

Based on these reports, the district magistrate ordered their detention for 12 months on July 7, 2025. State govt confirmed the order on Aug 19.

During the hearing, the petitioners’ counsel argued that the alleged act occurred within the privacy of a house and was not visible to the public. It was also submitted that the state’s reply did not establish any communal violence, breach of public peace, or injury to any person.

The bench referred to its earlier ruling in Faiyyaz Quraishi vs Union of India (2019), where a similar detention order was quashed, noting the absence of evidence that the act took place in public view.