Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 16 - September 22, 2024

Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors 2024 LiveLaw (JKL) 260

Talib Hussain @ Javied Vs UT of J&K 2024 LiveLaw (JKL) 261

Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 262

Khursheed Ahmad Chohan VS UT of J&K 2024 LiveLaw (JKL) 263

Sh. Vijay Sharma Vs U.T of Jammu and Kashmir 2024 LiveLaw (JKL) 264

Shagufta Bano V/S UT of J&K 2024 LiveLaw (JKL) 265

Judgments/Orders:

Proceedings U/S 12 DV Act Not Strictly Criminal In Nature, Bar Preventing Magistrates From Revoking Their Own Orders Is Not Applicable: J&K HC

Case Title: Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors.

Citation: 2024 LiveLaw (JKL) 260

The Jammu and Kashmir and Ladakh High Court clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) are not strictly criminal in nature. Consequently, the bar preventing Magistrates from revoking or cancelling their own orders is not applicable in these cases, it added.

Casualness By Authorities In Passing Detention Order Mocks Constitution: J&K High Court Quashes Detention Of Zee News Urdu Bureau Chief

Case Title: Talib Hussain @ Javied Vs UT of J&K Citation: 2024 LiveLaw (JKL) 261

The Jammu and Kashmir and Ladakh High Court quashed the preventive detention of Talib Hussain, Bureau Chief of Zee News Urdu, remarking that the "casualness and callousness" shown by the authorities in passing mechanical detention orders mocked the Constitution of India.

J&K High Court Pulls Up DM Over 'Illegal' Detention Order, Says Deprivation Of Liberty Was Treated As “Administrative Excursion”

Case Title: Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir

Citation: 2024 LiveLaw (JKL) 262

The Jammu & Kashmir and Ladakh High Court strongly criticised the District Magistrate of Udhampur for issuing an unlawful preventive detention order under the Jammu & Kashmir Public Safety Act, 1978. The court found the detention order to be arbitrary and a violation of the petitioner's fundamental right to personal liberty under Article 21 of the Constitution.

Letters Patent Appeal Not Maintainable Against Single Judge Order In Article 226 Plea Which Has 'Trappings Of Criminal Case': J&K High Court

Case Title: Khursheed Ahmad Chohan VS UT of J&K

Citation: 2024 LiveLaw (JKL) 263

The Jammu & Kashmir and Ladakh High Court declared that a Letters Patent Appeal (LPA) is not maintainable against an order passed by a Single Judge in a petition under Article 226 of the Constitution, especially when the petition has the trappings of a criminal case.

Courts Cannot Review Threat Perception Assessments, Such Evaluation Falls Under Security Agencies' Domain: J&K High Court

Case Title: Sh. Vijay Sharma Vs U.T of Jammu and Kashmir

Citation: 2024 LiveLaw (JKL) 264

The Jammu & Kashmir and Ladakh High Court ruled that it has no mechanism to determine whether the threat perception of individuals or political figures has been properly assessed, emphasizing that such evaluations are strictly within the jurisdiction of security agencies.

Law Does Not Permit Discrimination Between Foreigner And Indian Nationals While Granting Bail: J&K High Court

Case Title: Shagufta Bano V/S UT of J&K Citation: 2024 LiveLaw (JKL) 265

The Jammu & Kashmir and Ladakh High Court reaffirmed that the law does not allow any discrimination between foreign nationals and Indian nationals regarding the granting of bail, emphasizing that bail must be considered based on the facts and circumstances of each case, and conditions may be imposed to ensure the accused is available for trial, but bail cannot be denied simply because the accused is a foreign national.