Gujarat court orders action against police, witnesses over false cow slaughter case
A Sessions Court in Gujarat’s Panchmahal district has directed the filing of a criminal complaint against three state police officials and two panch witnesses for allegedly fabricating a cow slaughter case in 2020. The court ruled that the case, which led to the detention of two men for nearly 10 days, was based on false accusations.
Additional Sessions Judge Parvezahemad Malaviya acquitted the two accused, Nazirmiya Safimiya Malek and Illyas Mohamad Daval, in the case registered under the Gujarat Animal Preservation Act, 2017, and the Prevention of Cruelty to Animals Act, 1860. The court observed that the complaint filed against them lacked any credible evidence and highlighted the failure of the investigating officer to conduct a thorough and impartial investigation.
The judgment also called for departmental proceedings against the involved officers — Assistant Head Constables Rameshbhai Narvatsinh Bariya and Sankarsinh Sajjansinh Pargi, and Police Sub-Inspector MS Munia — with the Superintendent of Police instructed to submit updates on the action taken.
The Case and Its Background
In July 2020, a speeding vehicle carrying a cow, a buffalo, and a buffalo calf was intercepted by police in Godhra. The accused were unable to produce valid documentation for transporting the animals, leading to allegations of intent for slaughter. A case was subsequently filed under multiple sections of the Gujarat Animal Preservation Act, IPC, Motor Vehicle Act, and Gujarat Police Act.
During the trial, the court scrutinized the credibility of the panch witnesses, who were identified as gau rakshaks (cow protectors) and found to be frequently involved in similar cases. One of the witnesses admitted during cross-examination that he had acted as a panch in multiple cases, raising questions about his impartiality.
The court remarked that such witnesses often function as "stock witnesses" — individuals routinely available to assist the police in filing cases. Their testimonies were deemed unreliable, and the court opted not to rely on their statements.
Additionally, evidence presented by police officials was found to be inconsistent. One officer admitted that the cow was likely being transported for milk production, contradicting the prosecution's claims of slaughter intent. Furthermore, the investigating officer failed to establish any connection to a slaughterhouse or provide evidence of the accused owning one.
Compensation and Custody of Animals
The court ruled that the accused were entitled to compensation for the false charges and advised them to initiate separate proceedings against the police officials and witnesses. It also ordered the immediate return of the confiscated animals to their rightful owner, Illyas Mohamad Daval. If the animals could not be returned within 30 days, the state was directed to compensate the owner with Rs. 80,000 along with 9% annual interest from the date of seizure.
This ruling underscores the importance of due diligence in criminal investigations and holds law enforcement accountable for misuse of power in such cases.
