Jammu: The High Court J&K, and Ladakh has upheld a detention order under PSA against a man from R S Pura over bovine smuggling.
“In view of the distinction drawn by the Hon’ble Supreme Court of India, it is crystal clear that what is relevant to determine is not the nature of act, but its potentiality to disturb even tempo of life of the community, which makes it prejudicial to the maintenance of the public order,” a bench of Justice Moksha Khajuria Kazmi observed while upholding detention order against one Shakeel Mohd.
The effect of alleged activities of detainee in the present case is not limited to the individuals directly involved, the court said.
“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 said, adding, “The bovine animals include cows and calves and their illegal smuggling is always viewed by one community only for the purpose of slaughter and, therefore, there is a feeling amongst the people belonging to such community, that the activity hurts their religious sentiments.”
The court further said that the activities of the detainee, “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.