Repeated Cattle Theft Alone Cannot Justify PSA Detention: Jammu and Kashmir and Ladakh High Court

Repeated Cattle Theft Alone Cannot Justify PSA Detention: Jammu and Kashmir and Ladakh High Court

SRINAGAR, October 26, 2026 (VoM News): In a case titled, “Taraq Ahmed versus Union Territory of Jammu and Kashmir” the High Court of Jammu and Kashmir and Ladakh has given a stern ruling that repeated cattle theft allegations cannot, by themselves, justify preventive detention under the Public Safety Act (PSA) when ordinary criminal law is sufficient to deal with the accused.

The matter was being heard by a Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Mohd Yousuf Wani.

The bench while allowing a Letters Patent Appeal filed by a Kulgam resident, made the observations, and set aside a Single Bench judgment that had upheld his preventive detention.

As per details available with VoM News, the appellant had been detained under an order dated December 13, 2025, issued by the District Magistrate, Kulgam, under Section 8(1)(a)(i) of the Jammu and Kashmir Public Safety Act.

The court also observed that the seriousness or repetition of alleged offences does not automatically transform law-and-order violations into threats to public order warranting preventive detention.

Advocate Parvaiz Amin Wani appeared for the appellant, while Senior Additional Advocate General Mohsin S. Qadri, assisted by Maha Majeed, represented the Union Territory.

As the distinction between ordinary criminal law and the threshold for public safety Act Law is mandatory, this ruling serves as the distinction between ordinary criminal offences and activities that meet the legal threshold for preventive detention under the PSA.

About the Author

Ashiq Butt

Ashiq Butt - is VoM News's senior staffer worked since year 2015 and he deals with correspondency and social media handles. Hailing from Doda's Marmat, Ashiq has strong grip over the collection of the data and it's compiling feature.