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| Bovine smuggling for slaughter may threaten public order, HC upholds PSA detention | | | Early Times Report
JAMMU, Nov 10: In a significant judgment, the High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of a man allegedly involved in repeated bovine smuggling activities, observing that the transportation of cattle, including cows, for slaughtering purposes could potentially incite religious hatred, provoke retaliatory violence and disturb public order.
Justice Sanjay Dhar dismissed a habeas corpus petition filed by Aslam Khan, a resident of Narsoo, Udhampur, challenging the detention order issued by the District Magistrate, Udhampur, under the Public Safety Act (PSA) on January 24, 2026.
The petitioner had challenged the detention on the grounds that the alleged activities constituted ordinary criminal offences and did not pose any threat to public order. He contended that the detention order had been passed mechanically without proper application of mind.
The Government, however, defended the detention, maintaining that the petitioner's alleged involvement in organised bovine smuggling had the potential to disturb communal harmony and create public unrest.
During the hearing, Advocate Rajnesh Singh Parihar appeared for the petitioner, while Government Advocate Sumeet Bhatia represented the Union Territory administration.
Examining the detention record, Justice Dhar noted that three FIRs-FIR No. 24/2023 and FIR No. 98/2025 registered at Police Station Chenani and FIR No. 110/2023 registered at Police Station Batote-had been cited against the petitioner.
The Court observed that the petitioner had already been convicted in two of these cases, while the challan in the third had been presented before the competent court.
The High Court noted that the allegations involved the transportation of bovine animals, including cows, towards Kashmir for slaughtering purposes.
The Court observed that the District Magistrate's apprehension regarding the possibility of communal disturbance could not be termed imaginary, particularly considering the nature of the alleged activities and their potential impact on religious sentiments.
Justice Dhar further observed that the subjective satisfaction of a detaining authority cannot ordinarily be subjected to judicial review unless it is based on flimsy, irrational or extraneous grounds.
In the present case, the Court found a reasonable basis for the apprehension that the alleged activities could disturb public order.
The Court also distinguished earlier judgments relied upon by the petitioner, observing that those cases did not involve allegations of transporting bovine animals for slaughtering purposes.
Rejecting the petitioner's contention that relevant documents had not been supplied or explained to him, the Court noted that 34 leaves of detention material had been furnished and their contents explained in Urdu and Dogri.
The Court also found that the petitioner had been informed of his right to make representations before the District Magistrate and the Government.
Finding no legal infirmity warranting interference with the detention order, Justice Dhar dismissed the petition, holding that the challenge lacked merit.
(JNF) |
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