J&K High Court Upholds Preventive Detention Of Man Accused Of Bovine Slaughter, Sparking Communal Tension

The detention order was challenged by his wife, Famida Begum, on grounds including non-supply of vital documents and lack of application of mind by the authorities. However, Justice Sanjay Dhar dismissed the petition, finding no merit in any of the contentions raised.

In dismissing the petition Justice Sanjay Dhar pointed,

“As per the allegations made in the said FIR, the detenu was stated to have slaughtered a bovine animal, as a result of which, religious sentiments of a particular community were hurt. It also appears from a perusal of the grounds of detention that after grant of bail to the detenu, several protests and demonstrations were held by the members of a particular community within the territorial limits of different Police Stations and Police Posts across Kishtwar”

Background:

Sher Mohd, a resident of Kishtwar, had been arrested in connection with FIR under Sections 196 and 299 of the Bharatiya Nyaya Sanhita (BNS) for allegedly slaughtering a calf. After being granted bail by the Chief Judicial Magistrate of Kishtwar, the petitioner was accused of continuing to indulge in provocative activities that triggered widespread communal unrest across the district.

The authorities stated that his actions, particularly involving bovine slaughter, inflamed religious sentiments and led to large-scale protests and breakdown of communal harmony in various parts of Kishtwar. Respondent No. 2, the District Magistrate, thus issued a detention order to prevent him from engaging in further acts prejudicial to public order.

Court Observations:

One of the main grounds raised by the petitioner was that the detenu had not been supplied with copies of 16 daily diary reports, which formed the basis of the detention order, thereby violating his right to make an effective representation. However, Justice Dhar noted that while the daily diary reports were indeed relied upon, the details of these reports were summarised extensively in the dossier that was admittedly received by the detenu.

The Court further examined the execution report and found that the detenu had been handed a dossier consisting of 35 pages, which included not only the detention order, grounds of detention, and the dossier itself but also the copy of the FIR and the 16 daily diary reports. Thus, the Court concluded that the petitioner's claim of non-supply of documents was factually incorrect and without merit.

The petitioner had also challenged the legality of the detention by arguing that since the detenu had already been booked and granted bail in a criminal case, the authorities had no compelling reason to issue a preventive detention order. Rejecting this argument, Justice Dhar observed that the detaining authority had explicitly recorded the communal tension and public unrest that followed the detenu's release. These circumstances, in the Court's view, justified the subjective satisfaction of the detaining authority to invoke the PSA.

Citing the legal principle that courts should not interfere with the satisfaction of the detaining authority when it is based on valid and sufficient material, the High Court declined to second-guess the reasoning behind the detention.

Another grievance raised was that although the representation made by the detenu was rejected, the reasons for rejection were not communicated. The Court clarified,

“there is no requirement in law to furnish reasons regarding the decision of the competent authority with respect to rejection or acceptance of such representation. The said contention is, therefore, without any merit”

Holding the detention legally valid and procedurally sound, the court thus dismissed the petition terming it devoid of any merit.

Case Title: Sher Mohd Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 194

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