Why Question Wisdom of Judiciary


Is not it now time for the common man  to apply his or her own judicious mind  for settling the socio economic controversies instead of leaving his/her fortunes simply to the political leadership. Now attempts have been made to even question the Hon’ble J&K High Court after a Division Bench ordered  the implementation of some sections of RPC on  9th September, 2015 . Law knowing ‘seniors’ and some politicians who have also remained in power and  are directly or  indirectly  also in power have in a way raised questions on the Hon’ble Court and are saying that the court has slapped a ban on the sale of beef in J&K thereby by hurting the religious sentiments of majority community of J&K. Where, as truth is that the   Division Bench has not banned the slaughtering of bovine animals and ( possession) sale of beef, the Division Bench has simply ordered that Sections 298A, 298B of the Ranbir Penal Code should be implemented in letter and spirit since the same has been reportedly violated in the State for years.While section 298-A of the RPC makes killing of bovine animals a punishable offence, the 298-B of RPC makes “possession of any slaughtered animal” a punishableact in the state.

Section-157 (2) of J&K Constitution reads “ Notwithstanding the repeal of the said Act but subject to the other provisions of this Constitution, all the laws in force in the State immediately before the commencement of this Constitution shall continue in force until altered or repealed or amended by competent authority”. And hence in view of Section 157(2) of J&K Constitution Section- 298 A, 298B of the Ranbir Penal code  have remained live since the political leaders  of Congress, National Conference, PDP and like ,who are now making  it a public issue along with others have remained in the government  and legislature,  have ‘never’ cared for the public sentiments and religious commitments all these years. Had they been in any way concerned for the religious sentiments of ‘their people’ they would have taken notice of such law being in existence much earlier, Moreover , had they been truthful , they would  have moved the High court or taken the issue in the legislature long back instead of questioning the wisdom  of Judiciary  and  raising objection on a court judgement  in public fora / debates after Hon’ble HC Bench cautioned the Government for being vigilant about the provisions of Ranbir Penal Court.

. Peoples Democratic Party president and MP, Mehbooba Mufti Ji has also been reported to have  said that the ban on beef and slaughtering of bovine animals is in force since 1947 and  even the political parties who had two-third majority in the Assembly never bothered to scrap the law banning sale of beef in the state. In  this way all these years the political leaders from valley who always held the reins of governance in J&K  have been willfully allowed the laws to get violated  and simultaneously  never  intended to scrap the laws like Section 298A and 298B of RPC..

The question here is  what right do have the main stream political party leaders to now raise fingers on the wisdom of  J&K HC and show concern for the sentiments of muslims  in J&K?

Some separatist leaders have asked people to slaughter bovines on Eid. Such defiance is not in the interest of common man.

Such leaders need be checked by both Hindu and Muslim from playing with the innocence and sentiments of the people. Government can notso simply undo the court orders. It is court that can reconsider / review court orders.

No doubt, NC Leader A R Rather has advised  BJP- PDP  government to bring  an ordinance  to repeal the provision in the Ranbir Panel Code under which slaughter has been banned  but he should also counsel some senior leaders of his party  to be patient and refrain from unduly exploiting the religious sentiments.. The Jammu &Kashmir High Court on 17th September issued notice to the government on a fresh petition challenging RPC since a writ petition has been filed by retired law professor Afzal Qadri, in a way challenging constitutional validity of RPC sections 298-A and 298-B . Prof Qadri has all right to do so , but had such wisdom also prevailed immediately after the 9thSeptember HC order instead of some making attempts to arouse religious sentiments in so sensitive a state like J&K some damages to the oneness of the locals would have been saved.

Daya Sagar



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