J&K&L High Court Weekly Roundup: October 10 To October 16, 2022

Murtaza Rashid Vs UT of J&K 2022 LiveLaw (JKL) 177

Showkat Ahmad Rather Vs Govt of J&K 2022 LiveLaw (JKL) 178

Abdul Majeed Bhat Vs UT of J&K 2022 LiveLaw (179)

Shameema Akhter Vs Abdul Jabbar Lone 2022 LiveLaw (JKL) 180

Sajad Tariq and Ors Vs Com Secy Youth Service and Sports 2022 LiveLaw (JKL) 181

Nazir Ahmad Ganai Vs State of J&K 2022 LiveLaw ( JKL) 182

Judgements /Orders :

• Situation In Kashmir Does Not Permit Disclosure Of Confidential Information In Detention Order, Might Affect National Security: High Court

Case Title: Murtaza Rashid Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 177

The Jammu and Kashmir and Ladakh High Court said that the disclosure of confidential and sensitive information in the grounds of detention of a person detained under Public Safety Act [PSA] can be counter-productive to the maintenance of normalcy in the Valley.

The bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi Khajuria observed:

"It may be worth noting that nothing more as revealed in the grounds of detention could have been spelt out as it would have been counter-productive to the maintenance of security of the State and normalcy in the valley. The situation in the valley does not permit disclosure of any further confidential or sensitive information which if goes in the hands of the separatist group would certainly be a great threat to the nation".

• Every Dispute Of Unaided Private Institution Does Not Ipso Facto Become Amenable To Writ Jurisdiction, Public Law Element Must: J&K&L High Court

Case Title :Showkat Ahmad Rather Vs Government of J&K

Citation : 2022 LiveLaw (JKL) 178

The Jammu & Kashmir & Ladakh High Court ruled that an unaided private educational institution may qualify to be a "Public authority" amenable to writ jurisdiction of High Court, however, a mandamus will not be issued unless action of such authority complained of falls in the domain of public law as distinguished from private law.

"Simply because a private unaided institution is amenable to writ jurisdiction does not mean that every dispute concerning such private institution also becomes ipso facto amenable to writ jurisdiction," the court stated.

• NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court

Case Title :Abdul Majeed Bhat Vs UT of J&K

Citation : 2022 LiveLaw (179)

The Jammu and Kashmir and Ladakh High Court ruled that merely because the FSL report did not accompany the charge sheet at the time of its presentation, it cannot be said that the charge sheet was incomplete or defective.

Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. P. C, it becomes clear that if an accused has been detained in connection with investigation of a case for a period of more than 180 days in an offence under NDPS Act, he is entitled to be released on bail if he is prepared to and does furnish bail unless the Special Court has extended the period of detention during investigation of the case beyond 180 days, recorded Justice Sanjay Dhar.

• Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court

Case Title: Shameema Akhter Vs Abdul Jabbar Lone

Citation: 2022 LiveLaw (JKL) 180

The Jammu and Kashmir and Ladakh High Court ruled that in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title for grant of perpetual injunction, claiming settled possession over the property in question.

"Injunction may be granted, even against the true owner of the property only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except in due process of law", Justice M A Chowdhary recorded.

• Sound Logic Predicated In Waiting Lists, Save Public Exchequer From Incurring Unnecessary Expense For Post Already Advertised: J&K&L High Court

Case Title : Sajad Tariq and Ors Vs Com Secy Youth Service and Sports.

Citation : 2022 LiveLaw (JKL) 181

The Jammu and Kashmir and Ladakh High Court observed that there is a sound logic predicated in the interest of the candidates figuring in the waiting list and the intention behind is not to hold further selection for the post already advertised and to save the public exchequer from the unnecessary expenditure.

"The respondents cannot frustrate the intention behind and purpose of preparation of select list/ waiting list. It is not a case where the respondents have stopped at framing the wait list saying that it has been framed inadvertently and shall be deemed to have been cancelled, they have gone beyond and made it effective and issued the orders of engagement also", the bench added.

• Sec 319 CrPC | Degree of Satisfaction For Summoning Additional Accused Much Stronger Than Mere Probability Of His Involvement: J&K&L High Court

Case Title : Nazir Ahmad Ganai Vs State of J&K.

Citation : 2022 LiveLaw ( JKL) 182

The Jammu and Kashmir and Ladakh High Court reiterated that for arraigning an additional accused during the trial, there has to be much stronger evidence against him than mere probability of his involvement in the crime.

"Even a Magistrate, on taking cognizance of the offence which in his opinion has been committed by a person who is not before him and there is sufficient ground for proceeding against him, is empowered to issue process for summoning of such person under Section 204 of Cr. P. C. Section 190(1)(b) of the Cr. P. C does not restrict power of a Magistrate to proceed against an offender merely because in the police report his name is not sent up as an accused," Justice Sanjay Dhar explained.