Excelsior Correspondent
Srinagar, Sept 16: Jammu and Kashmir High Court today issued notice to Government in response to a petition seeking repeal of Sections of Ranbir Penal Code (RPC) on beef ban.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice B L Bhat after hearing counsel Faisal Qadri who approached the court through a petition seeking repealing of Sections 298-A , 298-B,298-C and 298-D from the statute of Ranbir Penal Code (RPC), issued notice to Commissioner Secretary Law, Home Secretary and Commissioner Secretary Animal Husbandry Department and sought response from the within one week.
“Admit issue notice to the State returnable within one week list after one week”, court said and further added that Government is at liberty to repeal and amend the said provision of RPC if they wish. “In the meantime, pendency shall not come in the way if the State wishes to repeal or amend the said provisions of RPC”, Division Bench added in the order.
Advocate Qadri while explaining the term ‘Secularism’ before the bench submitted that these provisions contained in the RPC are ultra vires to the Constitution of India as well as Constitution of J&K and as such these provisions are required to be struck down from the RPC statue forthwith.
“The petitioner is aggrieved of the provisions incorporated in the Ranbir Penal Code and is challenging the same on the grounds that said sections are ultra vires to Articles 14, 21, 25 and 29 of the Constitution of India since these provisions have a direct interference with the personal liberty of the petitioner in as much as it allows an intrusions into their religious as well as private life”, Qadri says in his petition.
The petitioner further states that these provisions are excessive in nature and prejudicial to the right guaranteed under Article 14 of country as such these provisions are gross and patent infringement on the Right to Personal Liberty and Privacy as is provided in Article 21 of country to each and every citizen.
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