The duty of the State to review existing laws and take policy decisions within the framework of the Constitution.

Muzaffar Hussain Attar, J.:-

1. Two Division Benches of this Court, in seisn of two petitions, were called upon to decide one issue, by making diametrically opposite prayers.

2. In PIL No. 24/2014 prayer is made to implement the provisions of Section 298-A, 298-B and 298-C of Ranbir Penal Code, Svt. 1989 (1932 AD) (for short RPC).

3. In OWP No. 1648/2015 prayer is made to scrap these provisions and declare them illegal and unconstitutional.

4. This bench is constituted in sequel to order of Supreme Court dated 05.10.2015, passed in petition for Special Leave to appeal (c) Nos. 28451-28452/2015, to hear and decide the aforesaid two petitions.

5. In WPPIL No. 24/2014, the petitioner has prayed for issuance of appropriate writ, order or direction in the nature of mandamus commanding the respondents to put in place the strong mechanism for prevention of cow slaughtering in the State of Jammu & Kashmir by directing all the concerned authorities to initiate serious punitive actions against all those persons who are involved in such criminal activities. It is further prayed that by issuance of appropriate writ, order or direction, respondents be directed to disclose to the Court the action initiated against the persons who are involved in commission of offence of slaughtering or killing of cow or like animals or any bovine animal and ensure that such persons do not escape punishments and to file appropriate proceedings against all those offenders before the competent criminal courts.

6. Learned Advocate General submitted that the PIL is not maintainable in view of the PIL Rules as also in view of law laid down by Hon’ble Supreme Court in this behalf and prayed for dismissal of the same.

7. In this petition, which has been filed in the public interest by a learned Advocate, at para 3, it is pleaded that in the month of July, 2014 the newspapers of the State have reported two incidents of cow slaughtering. It is further pleaded that this alleged act has been done with deliberate and malicious intention of outraging religious feeling of a particular class of society. The two paper cuttings have been annexed with the writ petition.

8. It is these two alleged incidents of cow slaughtering which has prompted the petitioner to file this petition in public interest.

9. At para 9 of the writ petition, it is pleaded by the petitioner that it has come to his knowledge that meat of cow and other bovine animals is sold in open markets of the State and the State Administration is watching the same as a mute spectator, thereby, encouraging such sacrilegious acts in the State.

10. The petitioner has nowhere pleaded in the writ petition that he has verified the allegations reported in the press or that he has verified the same from the editors of the concerned newspapers. The petitioner has not complied with para (VI) of Sub Rule 4 of Rule 24 (PIL Rules) which fall under part III of Jammu and Kashmir writ proceedings rules of 1997.

11. The petitioner has yet again failed to comply with the aforesaid rule. The petitioner in terms of the said rules was required to specifically state as to which of the facts are within his knowledge. The petitioner, having failed to give the details in the writ petition, excepting for the two press reports, the petition is not filed in public interest.

12. Further averment made at para 9 is vague and bald. No specific incident with date(s) and place(s) of occurrence has been pleaded in the writ petition, but a general and vague statement has been made.

13. This writ petition cannot be said to have been filed in public interest, in as much as, the petitioner has failed to comply with part III of writ proceeding rules of 1997 having not disclosed any incident which has come to his knowledge. The petitioner has referred only to two incidents which were reported in the press and he has not even verified the facts by personally visiting the place or talking to the concerned people. By referring to two incidents reported in the