The act of smuggling bovine animals such as cows and calves can hurt religious sentiments and is, therefore, a threat to public order, observed the Jammu and Kashmir High Court recently while upholding the preventive detention of a man accused of smuggling cattle, reported Bar and Bench.
Justice Moksha Khajuria Kazmi observed that the alleged activities (cattle smuggling) of the detenue – one Shakeel Mohd – not only poses a law and order problem but would be a threat to the maintenance of public order in the area.
“Bovine animals include cows and calves and their illegal smuggling is always viewed by one community only for the purpose of slaughter and, therefore, there is a feeling amongst the people belonging to such community, that the activity hurts their religious sentiments,” the Court explained.
It, therefore, opined that the detenue’s preventive detention was justified.
“The activities of the detenue, against whom number of FIRs stand registered for illegal smuggling of bovine animals, have the potential to disturb even tempo of current life of the community and not only poses law and order problem but would also be a threat to the maintenance of public order in the area,” the Court said.
Shakeel was detained under the Jammu and Kashmir Public Safety Act in March, 2024. His mother later filed a petition on his behalf to challenge his preventive detention on various grounds.
The plea claimed that Shakeel was detained without any application of mind and by flouting procedural safeguards such as informing him of his right to make a representation against his detention and reading out the detention order in a language known to him.
His counsel added that the ordinary law of the land was sufficient to deal with the alleged crimes that Shakeel was accused of, instead of resorting to preventive detention.
The issue of the preventive detention order was a sheer abuse of the process of law, his lawyer argued.
The government countered that Shakeel was a hardcore and habitual criminal who has been involved in various criminal offences, including stabbing, rioting and bovine smuggling. It contended that he had spread a reign of terror amongst the peace loving people and that his anti-social activities were prejudicial to the maintenance of public order.
To decide on whether Shakeel’s preventive detention was justified, the Court relied on the Supreme Court’s ruling in R Kalavathi v. State of Tamil Nadu (2006), in which it was held that the relevant factor is not the nature of the detenue’s acts, but their potential to disturb community life or public order.
The Court found that Shakeel’s alleged activities had potential to disturb public order and, therefore, upheld his preventive detention.
The Court also found no merit in the petition’s allegation the procedural safeguards were flouted in detaining him. The Court found that the detention order was read out to Shakeel in Hindi/ Dogri, which he understood, and that only he was to blame for not filing any representation challenging his detention on time.
Therefore, the High Court dismissed the petition challenging his detention.
Advocate Gagan Oswal appeared for the petitioner.
Additional Advocate General (AAG), Rajesh Thappa appeared for the Jammu and Kashmir government. KDC
