J&K High Court Reassigns Habeas Corpus, NIA Cases To Special Division Bench
The Jammu & Kashmir and Ladakh High Court has issued a notice reassigning habeas corpus and National Investigation Agency (NIA) cases to a newly constituted Special Division Bench. The notice states that these cases will now be heard by a Special Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Akram Chowdhary.Previously, Justice Atul Sreedharan was assigned to handle...
The Jammu & Kashmir and Ladakh High Court has issued a notice reassigning habeas corpus and National Investigation Agency (NIA) cases to a newly constituted Special Division Bench. The notice states that these cases will now be heard by a Special Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Akram Chowdhary.
Previously, Justice Atul Sreedharan was assigned to handle all criminal matters, including NIA cases and habeas corpus petitions, until September 28th, alongside Justice Mohammad Yousuf Wani, as per the roster issued on July 1, 2024.
According to the notice issued by the Registrar Judicial of the Jammu & Kashmir and Ladakh High Court on August 31, 2024, "the hearing of the Division Bench cases pertaining to the below-mentioned subject matters which are fixed for hearing before the Hon'ble Court on 2nd, 3rd & 4th September, 2024, shall stand postponed and the said cases shall now be taken up for hearing by the newly constituted Special Division Bench of Hon'ble Mr. Justice Rajnesh Oswal and Hon'ble Mr. Justice Mohammad Akram Chowdhary"
The notice further specified that this reassignment affects "all NIA matters (After Notice) for admission, orders and hearing" and "all Habeas Corpus Petitions (After Notice) for admission, orders and hearing."
Notably, Justice Sreedharan is known for his strong stance on protecting personal liberties, as reflected by his rulings. In July, he had imposed a fine of Rs. 10,000 on the District Magistrate, Jammu, for the preventive detention of a resident under the Public Safety Act (PSA), criticizing the Magistrate's report as vague and misleading.
Additionally, he had granted bail to journalist Fahad Shah, who had been imprisoned for around 600 days, reprimanding the investigating agencies for wrongly charging Shah under the Unlawful Activities (Prevention) Act (UAPA) without sufficient evidence of any terrorist activity or intent in the article Shah had published.
The hearing for these cases, initially fixed for September 2nd, 3rd, and 4th, 2024, will now take place during the second half of September 5th, 2024.