The High Court of Jammu and Kashmir and Ladakh recently quashed the preventive detention of a man accused in several cattle smuggling cases, while observing that there was no need to invoke the preventive detention law in the matter [Reham Ali v. UT of J&K].
The authorities had justified the preventive detention by stating that the accused man's activities were a threat to public order, which is a ground on which the preventive detention law can be invoked.
Justice Rahul Bharti disagreed, observing that the accused man's activities were, at best, a law and order problem, which can be tackled by invoking provisions of the ordinary criminal law.
The Court concluded that the preventive detention of the suspected cattle smuggler was misconceived.
“This Court has no hesitation to hold that the preventive detention of the petitioner is misconceived by reference to maintenance of Public Order as the petitioner, at the best, is a problem on the law and order side for which the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 are fully equipped if those are meant to be activated by the law and enforcement agency in realistic manner," the High Court observed in its order of May 13.
The High Court was hearing a plea filed by one Reham Ali, who had been placed under preventive detention in November 2025 following an order issued by the District Magistrate of Jammu under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978.
The prevention detention order was passed on the allegation that his activities were prejudicial to the maintenance of the pubic order. He was accused in cases involving bovine/ cattle transport-related offences under the Prevention of Cruelty to Animals Act.
The detention was recommended by the Senior Superintendent of Police (SSP) at Jammu through a dossier citing Ali's criminal antecedents, as reflected in several FIRs registered between 2022 and 2025.
He challenged his preventive detention before the High Court earlier this year.
The Court noted that all the FIRs against him shared a common allegation relating to offences under the Prevention of Cruelty to Animals Act, 1960, specifically concerning his alleged involvement in the transportation of cattle/bovine animals.
In the preventive detention order, the District Magistrate referred to Ali as a habitual offender, adding that ordinary criminal law had failed to deter him or curb his alleged repeated involvement in bovine smuggling activities, making preventive detention necessary.
However, the Court opined that failure to properly enforce ordinary criminal law cannot be a ground to justify preventive detention.
"Since the District Magistrate, Jammu has come up with a very apologetic assessment that ordinary law of the land has failed, that assessment cannot form a basis for ordering preventive detention of a person to deprive him of his fundamental right of personal liberty," the order said.
The High Court proceeded to quash the preventive detention order and directed Ali's immediate release.
Advocates Iqbal Hussain Bhat and SH Qazi appeared for the petitioner (Ali).
Deputy Advocate General Pawan Dev Singh appeared for the Jammu and Kashmir authorities.
[Read Order]