Nakabandi By Private Person Apprehending 'Illegal Transportation' Of Cows Not Permitted In Law: Haryana Police Directs, High Court Informed

The Punjab and Haryana High Court was informed of directions issued by Haryana Police to the heads of police units to publicise that no Nakabandi (blockade) by private persons is permitted under law in connection with alleged illegal transportation of cows and it must be ensured that appropriate legal action is taken against the persons indulging in such illegal activities.

The haryana police has further directed that "nakabandis or any other illegal activities by private persons must be curbed with heavy hands" as it is not permitted under the law.

Taking note of the same a single judge bench of Justice Kuldeep Tiwari while recording its satisfaction said that the direction, which has been issued by the Director General of Police, Haryana, shall be meticulously followed by all police functionaries, within the State of Haryana.

The development came while hearing the anticipatory bail in case pertaining to alleged slaughtering and transportation of cows. The FIR was registered under Section 11 of The Prevention of Cruelty of Animals Act, 1960, Section 13(2) of The Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, among other provisions of IPC at Haryana's Palwal.

Counsel for the petitioner Nafees Ahmad Khan argued that FIR has been registered on a complaint made by one Vinod, who had not only made a Nakabandi/barricading and conducted investigation, but, also arrested some of the persons, who are alleged to be involved in transportation of cows for the purpose of slaughtering.

He further submitted that police is nowhere to be seen in the entire picture, rather the entire exercise was done by Vinod, who claims himself to be a Member of a Cow Protector's Group.

After hearing the submissions in July, the Court had then directed the State counsel to file a reply on affidavit of the Commissioner of Police, Gurugram, clarify as to how and in what capacity, a private individual could be allowed to make a Nakabandi/barricading at his own level and then arrest persons accused of transporting cows for slaughtering.

The Court's direction was not complied on two occasions and the State was burdened with a cost of Rs.5,000. The reply was finally filed On October 23 by way of an affidavit of Sanjay Kumar, IPS, Additional Director General of Police, Law and Order. It was submitted in the reply that there is no provision under the Law which can authorize a private person to erect barricades on the public roads. Section 73 of the Haryana Police Act, 2007 authorize the police authorities to reserve public place (s) and erect barrier and general directions were also issued.

Meanwhile the directions issued by the authorities on October 24 regarding 'illegal activities of a private individual while apprehending illegal transportation of cows' states, "it is intimated that it has come to notice that private persons are collecting information through various means/sources regarding illegal transportation of Gauvanshand after receiving the same they are also reportedly doing Nakabandion road(s), checking vehicles and chasing the suspicious vehicles instead of informing the Police. There are also few instances of apprehending the transporters of Gauvansh and keeping them in custody without justification instead of immediately handing them over to the Police authorities."

The directions call for making the public at large aware that as soon as any information is received by any private person "regarding illegal transportation of Gauvansh", the information must be shared with Police and nearest authorities empowered to take action by calling Police Station. It further stated:

(i) No Nakabandi by private persons is permitted under law and hence, they should not indulge in such act.

(iii) In case, any such offence is committed in presence of a private person, he will immediately inform the Police authorities, however, if the offender tries to abscond from the spot, the offender may be apprehended and handed over to the Police personnel when they reach at the spot.

It adds that intelligence regarding "illegal transportation" of Gauvansh should be gathered from Gram Prahris, Police Informers, NGOs, and Gau Sevaks by police itself so that it enables the police to take action against illegal transportation of cows without the need of intervention of private persons.

It further states that "nakabandis or any other illegal activities by private persons must be curbed with heavy hands as this is not as per the legal provisions as they exist today".

"It must be ensured that appropriate legal action is taken against the persons indulging in such illegal activities," the directions adds.

Perusing the reply, the Court noted that, "a general direction has been issued regarding setting-up of barricades, and doing nakabandi, on the road(s) by a private persons."

Further, DGP had also directed to scrutinize the police file of the present case and to point out after going through the contents of the FIR, and all other relevant materials available on the file.

Justice Tiwari highlighted that only after High Court's intervention the authorities concerned, further woke up and issued another direction, on dated 24.10.2024, regarding illegal activities of the some private individual, while apprehending the illegal transporters of cows.

While allowing the pre-arrest bail plea, the Court directed that the DCP Gurugram to conduct the conduct the enquiry pertaining to the case FIR expeditiously, professionally, and in its right perspective, and thereupon, submit its report to the Director General of Police concerned, preferably within a period of four months.

Title: Sahid @ Kala v. State of Haryana

Mr. Nafees Ahmad Khan, Advocate for the petitioner.

Mr. Rajesh Gaur, Addl. AG, Haryana.

Click here to read/download the order