The Jammu and Kashmir and Ladakh High Court supports the preventive detention order, stating that smuggling cattle poses a risk to public order and offends religious feelings.

The High Court of Jammu & Kashmir and Ladakh confirmed the preventive detention of a man accused of smuggling cows and calves. He was detained under the Jammu and Kashmir Public Safety Act (PSA) in March 2024. His mother challenged this detention order through a petition, citing various reasons. Justice Moksha Khajuria Kazmi stated that smuggling cattle is not only a law and order issue but also a threat to public order, as it offends the religious beliefs of certain communities. The Court noted that the illegal smuggling of bovine animals is often seen by one community as an act aimed at slaughter, which can hurt their religious feelings.

The Court further mentioned that the detainee’s actions, which have led to multiple FIRs for smuggling, could disrupt the community’s daily life and pose a threat to public order. Advocate Gagan Oswal represented the petitioner, while Additional Advocate General Rajesh Thappa represented the government. The lawyer argued that the regular criminal justice system could handle the alleged crimes and that preventive detention was misused. In response, the government claimed he was a repeat offender involved in serious crimes like stabbing, rioting, and bovine smuggling, and that he had created fear in the local community, harming public order.

To assess if his preventive detention was warranted, the Court referred to the Supreme Court case R Kalavathi v. State of Tamil Nadu (2006). This case highlighted that the key issue is not the exact actions of the detainee but their ability to disrupt public order. The Court concluded that his actions could indeed cause such disruption, justifying his detention. Additionally, the Court dismissed claims of procedural violations, stating that the detention order was communicated to him in Hindi and Dogri, which he understood. It was also noted that he did not submit a timely appeal against his detention. Consequently, the Court denied the petition against his preventive detention and supported the government’s decision to detain him under the PSA.

Cause Title: Shakeel Mohd v. Union Territory of J&K & Anr.