J&K&L High Court Quashes Preventive Detention for Bovine Transport Offences, Citing Lack of Public Order Threat
The High Court of Jammu & Kashmir and Ladakh has ruled that merely transporting bovine animals without requisite permission does not, by itself, constitute grounds for preventive detention under the J&K Public Safety Act. Justice M.A. Chowdhary emphasised that such actions must demonstrably impact public order, a subjective satisfaction the detaining authority failed to record, distinguishing ordinary law and order issues from those warranting exceptional measures.
By Hydar Choudhury ·
The High Court of Jammu & Kashmir and Ladakh has unequivocally stated that involvement in offences pertaining to the transportation of bovine animals without proper authorisation does not, in isolation, provide sufficient grounds for invoking preventive detention. Justice M.A. Chowdhary, presiding over a Habeas Corpus Petition, underscored that for preventive detention to be justified, the detaining authority must record a clear subjective satisfaction that such activities have either caused or possess the potential to cause public outrage, thereby impacting public order.
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