Contrary to the general perception on ground that the recent high court judgement over the beef ban has come as a breather for the JK government, it has put the helms- men in tight spot and is compeling them to go for a litmus test. As both the coalition partners in Jammu and Kashmir, BJP and the PDP have been speaking in different languages over the beef ban order issued by high court, the recent order by the apex court has put the government in a difficult situation as it is going to face the tough questions in fu- ture over it.
First and foremost, high court’s full bench has termed the law on beef ban as “dead and fossil”, asking the government to consider the issues raised in these petitions in the light of observations made in this order and take appropriate steps in accordance with the law. It remains to be seen that what will the coalition government in Jammu and Kashmir declare the law on beef as dead and fossil? And if yes, then what will be its pre-emptive measures to uphold the sentiments of the religious communities in Jammu and Kashmir.
The full bench of the High Court has stated further in its order that Jammu and Kashmir shall have to consider reviewing of existing laws and take policy decision within the framework of constitution and en- sure that no inter-religious conflict takes place amongst the people. Referring to 298 A to D, court termed these laws as “dead and fossil laws” and said some laws with passage of time lose their sheen and are dead laws, which are rendered incapable to enforcement. “Some laws owe their existence to will of an autocratic king while some are created to achieve a definite purpose or to serve the ends of anutocratic monarch.
|| Interestingly, there has been no detailed and lucid comment from any minister or the party leader from the ruling camp as the leadership of both the parties have started understanding the dangerous ramifications if the law is touched or declared dead and fossil. ||
However, after constitution coming into force, these laws become obsolete and redundant,” it observed. The bench further observed that after independence all the laws are being made in accordance with provisions of constitution. “The legislation laws which create wedge between different sections of society and has the potential of disturb- ing the peace in society, may not be a just and valid law. Such a statue or provisions of the statue even if in existence cannot be given effect to, for securing the larger interests of the society”.
The Court further said some laws violate the guaranteed constitutional right of large section of society, or have become dead laws, or have not been con- sciously enforced by executive wing of the state for a considerable period of time, they would call for fresh look and consid- eration by the executive and legislative wing of the state. Now, when the court has thrown the ball towards the Jammu and Kashmir government, same has put the entire dispensation in fix with the helmsmen seen on tenterhooks, thinking who is going to bell the cat now.
“The High Court order has declared the law as obsolete and has asked the government to take a fresh look over it. It is indeed the most difficult situation and we are caught between the devil and the deep sea,” says one of the PDP leaders. A law officer said while pleading for anonymity that the Friday’s high court order by the full bench is going create more stir within the coalition as the govern- ment has been asked to review the law.
“It is the most difficult situation wherein subtlety of the matter has to be taken into account before one could comment on it,” he said. Interestingly, there has been no detailed and lucid comment from any minister or the party leader from the ruling camp as the leadership of both the parties have started understanding the dangerous ramifications if the law is touched or declared dead and fossil.
