Cases Alleging Illegal Cattle Transportation Didn’t Evoke Communal Tension Or Law & Order Problem: Jammu & Kashmir and Ladakh High Court Quashes Detention Order
The detenue, through the medium of the petition filed before the Jammu & Kashmir and Ladakh High Court through his son, challenged the Detention Order issued by the District Magistrate.
Justice M.A. Chowdhary, Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has quashed a detention order which was passed based on the registration of cases alleging activities of bovine smuggling, illegal transportation and slaughtering of cattle. The High Court held that such a case had neither evoked communal tension nor any problem of ‘law and order’.
The petitioner detenue, through the medium of the petition filed through his son, challenged the Detention Order issued by the respondent District Magistrate, Doda.
The Single Bench of Justice M A Chowdhary held, “The detention order, however, is conspicuously silent with regard to any development based on the cases relating to the maintenance of ‘public order’. Though the detaining authority has apprehended the ‘public order’ based on the FIRs (supra), however, the detaining authority has failed to record as to what was the ‘law and order’ problem, much less than that of ‘public order’, in the year 2025 or immediately after registration of the last FIR in the year 2026. Communal disharmony erupts at the spur of the moment and cannot be expected at a later stage. Since the registration of all the cases, which has been made the basis for the passing of the detention order, has neither evoked communal tension nor any problem of ‘law and order’, which is even far away from "public order‟, is shown to have erupted.”
Advocate N. D. Qazi represented the Petitioner while Govt. Advocate Adarsh Bhagat represented the Respondent.
Factual Background
The detenue was involved in 2 criminal cases registered under the provisions of the PCA Act and BNS. The cases revolved around activities of alleged bovine smuggling, illegal transportation and slaughtering of bovines. Besides the two FIRs, some DDR entries were also made against the petitioner. The involvement of the detenue in the cases was weighed heavily by the detaining authority while passing the impugned detention order.
Reasoning
Dealing with the issue of DDR entries, the Bench noted that the entries had not culminated in any criminal case. “Merely recording DDRs alleging some acts, without specifying any activity allegedly carried out, cannot be the ground to detain a person. It is surprising that, if the acts mentioned in the DDR entries are criminal acts and are cognizable in nature, then why the State has not filed any First Information Report. Law provides that if a cognizable offence is committed and is brought to the knowledge of any authority, a First Information Report should be lodged. If at all those acts mentioned in the DDRs make out any criminal offence, what prevented the State from filing a First Information Report is a mystery”, it added.
The Bench noted that the detenue has been accused of being involved in the commission of illegal transportation of bovines and cruelty against animals, regarding which two FIRs had been registered. On a perusal of the grounds of detention, the Bench found that the FIRs did not specifically or categorically insinuate that the detenue was involved in the illegal transportation of such animals which were revered by a particular community.
The Bench further noted that the registration of all the cases, which was made the basis for the passing of the detention order, had neither evoked communal tension nor any problem of ‘law and order’. Thus, allowing the petition, the Bench quashed the impugned Detention Order and directed the release of the Petitioner.
Cause Title: Din Mohd Wani v. UT of J&K (Case No.: HCP No. 35/2026)
Appearance
Petitioner: Advocates N. D. Qazi, Amir Ajaz
Respondent: Govt. Advocate Adarsh Bhagat