SRINAGAR: The Jammu and Kashmir High Court has upheld the preventive detention of Shakeel Mohammad, a resident of RS Pura, Jammu, accused of bovine smuggling. Justice Moksha Khajuria Kazmi, in her ruling, underscored that such activities have the potential to disrupt public order and inflame religious sentiments, warranting the application of the Jammu and Kashmir Public Safety Act (PSA).
Shakeel was detained in March 2024 under Section 8(1)(a) of the PSA. His mother filed a petition challenging the detention, arguing that procedural safeguards were violated, and contending that existing criminal laws were sufficient to address his alleged offences.
Shakeel faces multiple FIRs registered in police stations across the region, involving charges of bovine smuggling, rioting, and assault. Authorities claimed that his activities posed a significant threat to the even tempo of life in the community, particularly as bovine smuggling is often perceived by certain communities as intended for slaughter, a deeply sensitive issue.
Justice Kazmi highlighted that the illegal smuggling of cows and calves has broader implications for societal harmony. “The activity of bovine smuggling not only poses a law and order problem but also threatens the maintenance of public order by disturbing the even tempo of life in the community,” the judgment stated.
The Court relied on precedents set by the Supreme Court, which distinguish between “law and order” and “public order.” It observed that acts affecting public order involve a higher degree of societal disruption, as opposed to those confined to individual consequences.
Shakeel’s counsel, Advocate Gagan Oswal, argued that the detention was arbitrary and a misuse of the PSA. He claimed that the grounds of detention were a verbatim reproduction of the police dossier and had not been explained to Shakeel in a language he understood. Oswal also maintained that the PSA should not replace ordinary criminal laws, under which Shakeel was already facing trial.
The government, represented by Additional Advocate General Rajesh Thappa, defended the detention, asserting that Shakeel was a habitual offender whose actions were prejudicial to public order. The state argued that Shakeel’s criminal activities, including bovine smuggling and acts of violence, had created fear and unrest among peace-loving citizens.
After reviewing the case, the Court found no merit in the defence’s claims of procedural lapses. It noted that Shakeel had been provided with the detention order and supporting documents in Hindi/Dogri, languages he understood. The Court also observed that Shakeel had failed to file a timely representation against his detention.
Justice Kazmi concluded that Shakeel’s actions had the potential to disturb public tranquillity and upheld the detention under the PSA. The judgment emphasised that acts affecting religious sentiments and societal harmony justify preventive measures to safeguard public order.
