Preventive Detention--J&K Public Safety Act--Cattle Transportation Offences Fall Within Law and Order, Not Public Order, Detention Unsustainable
Preventive detention under the Jammu & Kashmir Public Safety Act, 1978 can only be ordered where the activity of a person is prejudicial to maintenance of public order, which is distinct from mere law and order disturbances. Offences relating to transportation of cattle and cruelty to animals, even if repeated, fall within the realm of law and order and do not rise to the level of affecting public order. Ordinary criminal law, including provisions of the BNSS, 2023, is adequately equipped to deal with such offences. A subjective satisfaction of the detaining authority that ordinary law has failed, without adequate basis, cannot justify deprivation of personal liberty.
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