Cow smuggling threatens public order, observes J&K High Court

Srinagar, Dec 07: While upholding the preventive petition of a man accused of cattle smuggling, the Jammu and Kashmir High Court has observed that cow smuggling hurts religious sentiments of one community and also threatens public order.

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, reported Bar and Bench.

"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 said.

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.

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.

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.