In a major reprieve to the PDP-BJP government which was grappling to handle the beef ban row, Jammu and Kashmir High Court Friday disposed off the petitions filed in two wings of the court (Kashmir and Jammu) on imposition of beef ban in the State and vacated the orders passed by the two courts. A full bench of the court comprising Justice Muzaffar Hussain Attar, Justice Ali Mohammad Magray and Justice Tashi Rabstan while hearing the beef ban petitions also directed the state government through its Chief Secretary to consider the issue as per law. “Both the petitions are disposed off along with connected miscellaneous petitions and orders passed from time to time in these petitions, including order dated 8 September 2015, are vacated. The petitions are disposed off,” the bench said in its order. “The State of Jammu and Kashmir through Chief Secretary (is directed ) to consider the issues raised in these petitions in the light of observations made in this order and take appropriate steps in accordance with law,” the court directed. While hearing the petitions, the bench observed that State should “relook” into the laws that have become dead. “Certain existing laws affect the guaranteed constitutional rights of a large section of society. Some laws protect only rights of one section of society, where as they offend the constitutional and legal rights of other sections of society,” the Justices observed. “When some laws violate the guaranteed constitutional right of large section of society, or have become dead laws or have not been consciously enforced by executive wing of State for a considerable period of time, they would call for fresh look and consideration by the Executive and legislative wing of the state,” the bench observed. The bench further observed that the purpose of framing laws, besides protecting the just rights of the people, is to create the atmosphere of peace and tranquility in the society. “The legislation laws which create wedge between different sections of society and has the potential of disturbing the peace in the society, may not be a just and valid law,” the court observed. The beef ban had embroiled the State and had left the two regions, Kashmir and Jammu, further divided following two “conflicting” orders of the High Court wings in Jammu and Kashmir over the imposition of beef ban, a ‘beef party’ hosted by Independent legislator Engineer Rashid and petrol-bomb attack on two Kashmiri truckers in Udhampur that had critically injured them. Left in tight spot, the government pleaded the case in the Supreme Court which direcetd the state High Court to form a full bench to decide the two conflicting orders, and the bench delivered its verdict this afternoon.
2015 Kashmir Despatch