The Jammu and Kashmir High Court recently upheld the preventive detention of Shakeel Mohd, who was accused of cattle smuggling, stating that such activities hurt religious sentiments and pose a threat to public order (Shakeel Mohd v. Union Territory of J&K).
Justice Moksha Khajuria Kazmi observed that the illegal smuggling of bovine animals, such as cows and calves, is perceived by a particular community as being intended for slaughter. This perception causes religious distress and can potentially disrupt the region’s public harmony and law and order.
The Court underscored that Shakeel’s activities not only created a law and order problem but also threatened the maintenance of public order by disturbing the “even tempo of community life.“ Shakeel, who had multiple FIRs registered against him for bovine smuggling, was detained under the Jammu and Kashmir Public Safety Act in March 2024.
Shakeel’s mother challenged his detention, alleging procedural violations, such as failing to inform him of his right to make a representation and reading the detention order in a language he understood. The petitioner argued that ordinary laws were sufficient to deal with the alleged offences and that resorting to preventive detention was an abuse of legal authority.
In response, the government defended Shakeel’s detention, describing him as a habitual offender involved in criminal activities, including stabbing, rioting, and bovine smuggling. It argued that his actions had created a “reign of terror” among peace-loving citizens and posed a threat to public order.
To assess the validity of the preventive detention, the Court relied on the Supreme Court’s ruling in R Kalavathi v. State of Tamil Nadu (2006), which held that the decisive factor is the potential of a person’s actions to disturb public order, rather than the nature of their acts.
The Court dismissed claims of procedural lapses, stating that the detention order had been explained to Shakeel in Hindi/Dogri, languages he understood, and faulted him for failing to file a timely representation.
Concluding that Shakeel’s activities had the potential to disrupt public order, the Court upheld his preventive detention and dismissed the petition.
Advocate Gagan Oswal represented the petitioner, while Additional Advocate General Rajesh Thappa appeared for the Jammu and Kashmir government.
