Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court

Justice Moksha Khajuria Kazmi, while delivering the judgment, observed that illegal smuggling of bovine animals not only posed a law and order issue but also threatened the maintenance of public order in the region, necessitating stringent measures to uphold societal harmony.

In dismissing a plea challenging a preventive detention order of a detenu detained for accusations of illegal bovine smuggling among others the court remarked,

“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 case revolved around the detention of Shakeel Mohd, a resident of Jammu, who was accused of habitual involvement in bovine smuggling and violent offenses. Acting on Order issued by the District Magistrate, Jammu, Shakeel was detained under the preventive provisions of the J&K Public Safety Act. The petition challenging the detention was filed by Shakeel's mother, Bano Bibi, alleging procedural violations and questioning the necessity of the detention.

It was argued that the detention order on the grounds that the allegations could have been addressed under ordinary criminal law, and the preventive detention violated constitutional safeguards.

In order to address the matter Justice Kazmi delved into the nuances of “public order” and its distinction from “law and order,” drawing extensively from landmark Supreme Court judgments. Referring to Arun Ghosh v. State of West Bengal (1970) and explained that public order refers to conditions affecting the life and tranquility of a community, whereas law and order pertain to isolated disturbances impacting individuals.

The court reiterated that acts with communal repercussions, such as bovine smuggling, have the potential to escalate tensions and disturb societal harmony, thereby affecting public order.

Observing that even a single act capable of disrupting public tranquility could justify preventive detention, as held in R. Kalavathi v. State of Tamil Nadu (2006)the court said that the activities of the detenue, including the illegal transport of cows a practice viewed as sacrilegious by a particular community were found to have far-reaching implications beyond the direct parties involved.

“The effect of alleged activities of the detenu in the present case is not limited to the individuals directly involved. The bovine smuggling besides being a criminal offence has the potential of creating a feeling of discontent and indignation amongst a particular community”, the court opined.

Addressing the petitioner's claims of procedural violations, the Court meticulously examined the execution report and l found that the detenue had been provided with all relevant materials, including the detention order, dossier, and grounds of detention, in Hindi/Dogri. These materials were explained to him, and he was informed of his right to make representations to the detaining authority and the government, the court pointed.

Concluding that Shakeel's detention was justified in light of his continuous engagement in activities detrimental to public order the court dismissed the petition.

Case Title: Shakeel Mohd Vs UT Of J&K

Citation: 2024 LiveLaw (331)

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