J&K High Court quashes PSA detention over bovine transport cases: no 'public order' link and right to represent not communicated
The question: Whether failure to tell the detenue of his right and the time limit to represent to the detaining authority vitiates a detention order under Article 22(5)
The High Court of Jammu & Kashmir and Ladakh at Jammu has quashed a Public Safety Act detention order passed against a 65-year-old man from Doda, who was accused of illegal transportation of bovines and cruelty to animals. Justice M A Chowdhary held that the order could not stand because the detenue was not told that he could represent to the detaining authority within a time limit, and because the grounds of detention were almost a copy of the police dossier. The Court also found nothing to link the registered cases with the maintenance of 'public order'. The petition (HCP No. 35/2026) was filed through the detenue's son against Detention Order No. PSA/02 of 2026 dated 28.04.2026, issued by the District Magistrate, Doda, to prevent the detenue from acting in a manner prejudicial to the maintenance of 'public order'. The petitioner said the order was passed mechanically, without application of mind, and in breach of Articles 21 and 22 of the Constitution. The detention record showed two cases at Police Station Doda: FIR No. 0050/2026 under Section 223 of the Bharatiya Nyaya Sanhita (BNS) and Section 11 of the Prevention of Cruelty to Animals Act, and an FIR under Section 299 BNS. Besides these, DD entries dated 25.02.2026, 27.02.2026 and 01.03.2026 were also relied on. The respondents defended the order as purely preventive. The Court heard the matter, reserved judgment on 01.10.2026 and pronounced it on 06.10.2026.