SRINAGAR: The High Court of Jammu Kashmir and Ladakh has ruled that offences related to bovine transportation and violations under the Prevention of Cruelty to Animals Act fall within the ambit of “law and order” and not “public order”, and therefore cannot justify detention under the Public Safety Act (PSA).
Delivering the ruling, Justice Rahul Bharti observed that the allegations against the petitioner, including involvement in multiple FIRs linked to cattle and bovine transportation, could be effectively dealt with under ordinary criminal law and did not warrant preventive detention.
The Court noted that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides sufficient legal remedies and mechanisms to address such offences. It stressed that authorities cannot invoke preventive detention merely on the assumption that ordinary criminal law may not be adequate.
“The preventive detention law cannot be used on an apologetic assessment that normal law has failed,” the Court observed while underlining the constitutional safeguards surrounding personal liberty.
Emphasizing the legal distinction between “law and order” and “public order,” the High Court held that every criminal offence does not automatically disturb public order to the extent required for invoking PSA provisions.
The Court further stated that deprivation of personal liberty through preventive detention demands a much higher threshold and strict judicial scrutiny.
Consequently, the High Court quashed the detention order issued against the petitioner under the Public Safety Act and directed authorities to release him from custody forthwith, provided he was not required in any other case.(KNC)
