Srinagar, August 26, KDC: The High Court of Jammu & Kashmir and Ladakh has held that mere involvement in offences relating to the transportation of bovine animals without administrative permission is not a sufficient ground to invoke preventive detention, ruling that regulatory transit violations cannot be elevated to threats against public order in the absence of public outrage.
Quashing a detention order passed under the Jammu & Kashmir Public Safety Act (PSA) against a resident of Rajouri district, a Bench of Justice M. A. Chowdhary ordered the detenu’s immediate release from District Jail, Poonch.
The ruling came on a habeas corpus petition filed by Sabeer Ahmed, a resident of Bakhar, Tehsil Siot, District Rajouri, through his brother Mohd. Sajid. Ahmed had challenged detention order No. DMR/PSA/03 of 2026 dated March 3, 2026, issued by the District Magistrate, Rajouri, under Section 8 of the PSA.
The detaining authority had justified the detention on the basis of three police cases, FIR No. 163/2023 registered at Police Station Nowshera, and FIR Nos. 47/2025 and 62/2025 registered at Police Station Sunderbani, alleging that the petitioner was repeatedly found transporting bovines without obtaining mandatory transit permission from the District Magistrate.
The administration contended that repeated involvement demonstrated criminal propensity prejudicial to the maintenance of public order.
Rejecting the state’s contention, Justice Chowdhary observed that the detaining authority failed to record any subjective satisfaction demonstrating how the unauthorized transit of cattle impacted public order.
“From the foregoing analysis of legal position, it is clear that merely because the petitioner is alleged to be involved in the offences relating to transportation of bovine animals without permission is not a sufficient ground to invoke the remedy of preventive detention, particularly, in a case where the detaining authority has not recorded any subjective satisfaction that such activities of the detenue have either resulted or have the potential to lead to public outrage. The impugned order of detention is, therefore, unsustainable in law on this ground,” the Court held.
Drawing support from coordinate Bench precedents, the Court noted that public order represents an extraordinary disruption far beyond ordinary law and order, and that the state cannot resort to preventive detention at the drop of a hat to bypass standard criminal trials for penal offences.
The High Court also found the detention order fatally flawed on constitutional grounds, noting that while the District Magistrate informed Ahmed of his right to submit a representation to the Government, the authority omitted to communicate that he had a parallel right to make a representation directly before the detaining authority itself.
“The constitutional guarantee of making a representation is meaningful only when the detenue is clearly informed of the authorities before whom such representation can be made and the earliest opportunity to exercise that right. Non-communication of this valuable constitutional right deprives the detenue of an effective opportunity to challenge the detention at the earliest stage, thereby vitiating the detention order. The same constitutes a violation of Article 22(5) of the Constitution,” the Bench held.
Allowing the petition, the Court quashed the detention order and directed that Sabeer Ahmed be released forthwith, provided he is not required in connection with any other case.
Advocate Nitin Mohan represented the petitioner, while Deputy Advocate General Dewakar Sharma appeared for the Union Territory of Jammu & Kashmir and the district administration. (KDC)
