As Supreme Court today agreed to hear on Monday a plea by J&K government against High Court orders pertaining to beef ban in the state, legal experts said that the sub-judice nature of the case now can’t be an excuse with the government for not allowing a debate in Legislative Assembly on bills seeking scrapping of the Dogra-era law banning consumption and sale of beef in the state. The opposition NC, CPM and independent legislator Engineer Rasheed have moved private member bills seeking scrapping of the beef ban. Senior advocate and constitutional expert Zaffar Shah told KNS that if government wants to amend the law that criminalises sale and consumption of beef; they are at liberty to do so. He also added that the SC’s consent to hear plea by government against HC order regarding the beef ban can’t affect the business of Legislative Assembly in this regard. “Assembly is at liberty to amend the law and pass the bill. The bill can be tabled, discussed, put to vote and passed also,” he said. He added: “SC’s consent to hear plea by state government against HC order on beef ban will have no constitutional or legal bar on Legislative Assembly.” The Supreme Court today agreed to hear on Monday a plea by Jammu and Kashmir government against two “conflicting” orders of the High Court pertaining to the slaughter of bovine animals and ban on beef sale in the state, claiming these were being “misused” to disturb peace. The Jammu and Kashmir High Court, in two separate orders, had banned the sale of beef in the state and simultaneously scrapped the law that barred slaughter of bovine animals.
2015 Kashmir Despatch