JKL High Court Weekly RoundUp: February 6 - February 12, 2023

Nominal Index:

Kumar Avinav Vs State of J&K. 2023 LiveLaw 14

Rukhsana Jabeen Vs State of J&K 2023 LiveLaw (JKL) 15

Farooq Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 16

Sham Lal vs UT of J&K 2023 LiveLaw (JKL) 17

Shahid Hameed Vs UT of J&K 2023 LiveLaw (JKL) 18

Rahul Kumar & Ors Vs UT of J&K 2023 LiveLaw (JKL) 19

P N Sharma Vs Union Of India & Ors 2023 LiveLaw (JKL) 20

Asif Iqbal Naik Vs State of J&K & Ors 2023 LiveLaw (JKL) 21

Judgements/Orders:

CBI Was Sufficiently Empowered To Investigate Cases In Erstwhile State of J&K In Terms Of General Consent: J&K&L High Court

Case Title: Kumar Avinav Vs State of J&K.

Citation: 2023 LiveLaw 14

The High Court of J&K and Ladakh ruled that Central Bureau of Investigation (CBI) enjoyed the requisite jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of J&K in terms of the general consent given on May 7, 1958 and December 8, 1963 by the government

Permitting Executive To Review Or Sit Over Court's Decisions Would Tantamount To Interference With Judicial Functions: J&K&L High Court

Case Title: Rukhsana Jabeen Vs State of J&K

Citation: 2023 LiveLaw (JKL) 15

The Jammu and Kashmir and Ladakh High Court observed that the executive is under obligation to obey judicial orders and permitting the executive to review, revise or sit over the decisions of the Court by issuing executive orders or instructions would tantamount to interference with the exercise of judicial functions.

Article 226 Petition Can Be Moved Even When Fundamental Right Is Threatened, Provided Apprehension Is Well Founded: JKL High Court

Case Title: Farooq Ahmad Bhat Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 16

The Jammu and Kashmir and Ladakh High Court reiterated that a petition under Article 226 can be entertained even when the fundamental right of a citizen is threatened and one need not await the actual prejudice or adverse effects for filing the same, provided his apprehension is well founded.

Can't Let Them Suffer "Rough Side Of Life": JKL High Court Grants Bail To Father Of Two Minors Booked For Murder Of Their Mother

Case Title: Sham Lal vs UT of J&K

Citation: 2023 LiveLaw (JKL) 17

The Jammu and Kashmir and Ladakh High Court granted bail to a man, accused of killing his wife, to take care of their two minor daughters.

Appreciating the sensitivity of the situation Justice Rahul Bharti said that it could ignore the hard fact that the two minor daughters while on the one hand had come to suffer loss of their mother for all times to come and on the other hand are suffering the absence of their father who by virtue of his detainment, is not to be assumed to be able to attend to their welfare and well being in terms of needs of their daily life.

[JKPSC Recruitment] Qualification In 'Relevant Subject' Has Wider Scope Of Eligibility Than Qualification In 'Subject Concerned': High Court

Case Title: Shahid Hameed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 18

The Jammu and Kashmir and Ladakh High Court held that in matters of recruitment, the phrase 'qualification in relevant subject' has wider implications than the phrase 'qualification in subject concerned'.

Finding so, it permitted a post graduate degree holder in 'Applied Geology' to apply for the vacant position of 'Geology' Assistant Professor, adding that the recruitment notification issued by the J&K Public Service Commission in this case only prescribed a candidate to possess degree in 'relevant subject' and not the particular 'subject concerned'.

Case Title: Rahul Kumar & Ors Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 19

The Jammu and Kashmir and Ladakh High Court held that a case can be registered for investigation by lodging of FIR, on receipt of information about commission of cognizable offence without waiting for a conclusion of inquest proceedings initiated under section 174 CrPC.

A bench of Justice M A Chowdhary observed,

"Merely because the inquest proceedings were pending before the police at the time when the impugned order was passed by the learned Magistrate (to register FIR) would not make the said order unsustainable in law".

24 Years After Forced Eviction By MoD's Badami Bagh Cantonment Board In Kashmir, High Court Awards 10 Lakh Compensation To Allottee

Case Title: P N Sharma Vs Union Of India & Ors

Citation: 2023 LiveLaw (JKL) 20

The Jammu and Kashmir and Ladakh High Court awarded Rs 10 Lakh compensation to a person, who was evicted from his shop-cum-residential premise in 1998 by Ministry Of Defence's Badamibagh Cantonment Board without following the due course of law as prescribed under the Public Premises (Eviction of Un-authorized Occupants) Act, 1971

The compensation came to be granted by Justice Sanjay Dhar while disposing of a plea in terms of which the petitioner was seeking a declaration that his eviction from the shop-cum-residential premises at Saddar Bazar, Badami Bagh Cantonment, Srinagar is illegal, arbitrary and violative of constitutional guarantees.

No Fetters Can Be Placed On Press Freedom By Registering FIRs Against Journalists Who Report On Information Given By Identifiable Source: JKL High Court

Case Title: Asif Iqbal Naik Vs State of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 21

Quashing an FIR against a journalist, the Jammu and Kashmir and Ladakh High Court said that no fetters can be placed on the freedom of press by registering the FIR against journalists, who perform their professional duty by publishing news items on the basis of information obtained by them from an identifiable source.

"However, they are also expected to report the coverage with responsibility without any jingoism and divisive publication or telecast," Justice MA Chowdhary said.