Excelsior Correspondent
JAMMU, Dec 2: High Court of Jammu and Kashmir and Ladakh has quashed the detention of Bari Shah, bovine smuggler ordered by the District Magistrate Rajouri on April 11, 2023.
After hearing Advocate Ashok Sharma for the petitioner, Justice Rajnesh Oswal observed, “the grounds of detention prepared by the respondent depict that the order impugned has been issued taking into consideration that the petitioner had been a habitual bovine smuggler and his activities had the potential of disturbing the maintenance of peace and harmony in the district Rajouri”.
“Out of six FIRs registered against the petitioner, five FIRs have been lodged in respect of transporting the bovine animals when there was prohibition for the same. Such activities in fact have the potential of disturbing the peace and tranquility of the region and because of this reason only the transportation of the bovine animals is prohibited by the competent authorities”, High Court said.
“The record further divulges that no illegal activity has been attributed to the petitioner ever since 30.10.2019 when the FIR bearing No. 86 of 2019 under Sections 341/323/504/506 RPC was registered at Police Station, Kalakote, whereas, the order impugned has been passed on 11.04.2023. Thus, there is a gap of more than 3 years between the last illegal activity attributed to the petitioner and the order of detention, which was passed on 11.04.2023”, High Court observed.
“This gap has snapped the live link between the alleged illegal activities and the purpose for which the detention order has been issued by the respondent. The delay in passing the order of detention is fatal”, High Court said while quashing the order of detention.
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