
Bovine Smuggling Can Hurt Religious Sentiments, But PSA Detention Must Follow Constitutional Safeguards
Srinagar: The High Court of Jammu & Kashmir and Ladakh has observed that bovine animal smuggling is not merely a criminal offence but can also hurt religious sentiments and has the potential to disturb public tranquillity.
However, the Court made it clear that even in such cases, authorities must strictly comply with the constitutional safeguards governing preventive detention.
A Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani made the observations while allowing an appeal against the dismissal of a habeas corpus petition filed by petitioner, who had been detained under the Jammu & Kashmir Public Safety Act, 1978.
The Bench observed that bovine smuggling, if established against a person, is “highly objectionable” and that law-enforcement agencies are expected to deal with such offenders firmly and in accordance with law.
At the same time, the Court stressed that the nature of the allegations cannot dilute constitutional protections. (KTD)
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