Jammu and Kashmir and Ladakh High Court Weekly Roundup November 4 To November 10, 2024

White Globe Vs State of J&K 2024 LiveLaw (JKL) 297

Anu Bala Vs Rajesh Singh 2024 LiveLaw (JKL) 298

Mohammad Tajamul Masoodi Vs UT Of J&K 2024 LiveLaw (JKL) 299

Muhammad Shafi Wani VS Muhammad Sultan Bhat 2024 LiveLaw (JKL) 300

Zaka Chowdhary Vs UT Of J&K 2024 LiveLaw (JKL) 301

Syed Shaifta Arifeen Balkhi Vs J&K Public Service Commission & Ors 2024 LiveLaw (JKL) 302

Beero Devi Vs Kanchan Devi 2024 LiveLaw (JKL) 303

Judgments/Orders:

High Court Directs Jammu & Kashmir And Ladakh Authorities To Ensure Smooth Movement Of Ambulances For Public Health Emergencies

Case Title: White Globe Vs State of J&K

Citation: 2024 LiveLaw (JKL) 297

Aiming to streamline emergency medical transportation, the Jammu and Kashmir and Ladakh High Court mandated the Union Territories (UTs) of Jammu & Kashmir and Ladakh to develop a mechanism for ensuring hassle-free ambulance movement across both UTs.

While closing a Public Interest Litigation (PIL) a bench composed of Chief Justice Tashi Rabstan and Justice Puneet Gupta, underscored the critical need for rapid medical response systems in public health emergencies.

Complainant Or Dependents Must Be Issued Notice And Heard When Accused Seeks Bail Under SC/ST Act: J&K High Court

Case Title: Anu Bala Vs Rajesh Singh

Citation: 2024 LiveLaw (JKL) 298

Shedding light on the right of a victim under the SC/ST (Prevention of Atrocities) Act, 1989 the Jammu and Kashmir and Ladakh High Court asserted that a complainant or their dependent must be issued notice and heard when an accused seeks bail under the Act.

Citing provisions of the Act a bench of Justice M. A Chowdhary observed,

“On a harmonious reading of both the Sub-sections (3) and (5) of Section 15-A of the Act, it can be safely concluded that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act, the complainant or his dependent is to be issued a notice or is required to be heard at the time of consideration of bail plea”

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

Case Title: Mohammad Tajamul Masoodi Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 299

The Jammu and Kashmir and Ladakh High Court emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee.

A bench of Justice Wasim Sadiq Nargal ruled that in these cases, authorities may view such circumstances as further justification for preventive detention, provided other criteria are met.

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Case Title: Muhammad Shafi Wani VS Muhammad Sultan Bhat

Citation: 2024 LiveLaw (JKL) 300

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code (IPC) were not substantiated by the complaint's allegations.

The court, exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, underscored the necessity of specific allegations to sustain a charge under Section 504, IPC, which addresses intentional insult aimed at provoking breach of peace.

Comparing Evaluation Methods Of J&K Public Service Commission With UPSC Lies Beyond Domain Of Judicial Review: High Court

Case Title: Zaka Chowdhary Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 301

The Jammu and Kashmir and Ladakh High Court emphasised that determining the effectiveness of evaluation methods used in competitive examinations, such as those by the Jammu and Kashmir Public Service Commission (JK PSC), compared to those by the Union Public Service Commission (UPSC), is a matter best left to experts.

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court

Case Title: Syed Shaifta Arifeen Balkhi Vs J&K Public Service Commission & Ors

Citation: 2024 LiveLaw (JKL) 302

Resolving a significant question regarding reservation rules for physically challenged persons the Jammu and Kashmir and Ladakh High Court clarified that the 4% reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a compartmentalised category-specific quota.

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Case Title: Beero Devi Vs Kanchan Devi

Citation: 2024 LiveLaw (JKL) 303

The Jammu and Kashmir and Ladakh High Court held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter.