Punjab and Haryana HC issues notice on PIL against private policing under cow protection law
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The Punjab and Haryana High Court on Wednesday issued a notice to the Haryana Government over a Public Interest Litigation (PIL) challenging provisions of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act that allegedly allow private individuals to exercise police powers.
The petition, filed by the National Federation of Indian Women (NFIW) and argued by Advocate Arjun Sheoran, questions the constitutionality of Sections 16 and 17 of the Act. These sections empower “any police officer not below the rank of sub-inspector or any person authorised in this behalf” to enter, stop, and search vehicles or premises, seize cattle, and confiscate vehicles allegedly used in offences under the Act.
Sheoran argued before the Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry that while such powers can be given to police or government officials, delegating them to “any person authorised” effectively grants sovereign powers of search, seizure, and confiscation to private citizens.
Sheoran told the court that across the state, individuals and self-styled volunteers were stopping vehicles, conducting searches, and seizing property under the pretext of acting under Sections 16 and 17.
The petition contended that these powers are “sovereign functions” that cannot be delegated to non-state actors.
Citing judgments from the Supreme Court and the Andhra Pradesh High Court, Sheoran said that there was no provision under the Code of Criminal Procedure (CrPC) allowing private individuals to perform such acts, noting that the law clearly restricted such powers to police or government officers under Section 102 of the CrPC.
The PIL has urged the court to either strike down Sections 16 and 17 of the Haryana law or prohibit the authorisation of private persons to enforce them.
After hearing the arguments, the bench issued notice to the Haryana Government and sought its response. The matter will be listed for hearing on a date to be fixed by the court registry.