New Delhi, May 4: The Congress-led Karnataka government on Wednesday defended before the Supreme Court its law granting protection to 'Gau Rakshaks' to prevent cow slaughter in the state and pleaded the court to dismiss a PIL challenging constitutional validity of the law.
There are six states - Gujarat, Rajasthan, Uttar Pradesh, Maharashtra, Karnataka and Jharkhand - which have framed law to protect Gau Rakshak Dals in their states and a bench of Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudhar had sought response from them and the Centre on why such groups should not be banned for allegedly creating disharmony among various communities and castes.
Out of six states, only Karnataka has filed its response before the apex court and it had defended its law - Karnataka Prevention of Cow Slaughter and Cattle Preservation Act - which empowers it to offer immunity to cow protection groups recognised under the Act.
The Congress government, however, maintained that the law in question seeks to protect only those cow vigilantes who are acting in "good faith" and offers no cover to those engaged in violent or criminal activities or working to create disharmony among communities. It also said that the protection applies only to the groups recognized by "competent authority" provided for under the law and not to just any group which can claim to be engaged in protection of cows.
Although the law is of old vintage and is one among many which were crafted by different state governments, almost all of them controlled by Congress, the Karnataka government's stand takes on significance because of sheer timing. It comes when BJP has been accused, by Congress as well as others, of giving cow vigilante groups a free rein.
"The embargo of institution of suits, prosecution or other proceedings against the competent authority or any other persons exercising such power under the said Act for anything which is done or intended to be done under the Act honestly. The head note to Section 15 makes it clear that any act done in good faith which alone is protected," the Karnataka government said in its affidavit.
"The said provision nowhere protects illegal and criminal act of any person, much less the competent authority or any person exercising power under the Act," it said. The state contended that the law was framed with a purpose to provide for prevention of slaughter of cows, calves of cows and buffaloes and for preservation of other cattle in the state.
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"If persons, who are members of such societies, association or institution or vigilante groups and indulges in violence creating disharmony among various communities and castes taking law into their own hands and committing atrocities on the innocent people, protection under Section 15 was not available for such people," the affidavit stated.
The response was filed in compliance of the apex court order directing the governments to file a response on a PIL filed by Congress leader Tehseen Poonawala seeking ban on cow vigilante groups for allegedly taking the law into their hands and unleashing mob violence against innocent people under the guise of cow protection.
As the Centre and other states failed to file their response, the apex court granted them a last opportunity to file an affidavit within four weeks.
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