Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 10 To April 16

Nominal Index

Sunil Kumar Vs UT of J&K 2023 LiveLaw (JKL) 75

Raj Kumar Vs SSP & Anr 2023 LiveLaw (JKL) 76

Rizwan Bashir Dhobi Vs UT of J&K 2023 LiveLaw (JKL) 77

Mohammad Abdullah Bhat Vs Nazir Ahmad Bhat & Ors 2023 LiveLaw (JKL) 78

Amjid Hussain Khan Vs State of J&K 2023 LiveLaw (JKL) 79

Sheikh Mohammad Amin and another Vs Yasir Farooq and others 2023 LiveLaw (JKL) 80

Emaad Muzaffar Makhdoomi vs Vikar Ahmad Bhat 2023 LiveLaw (JKL) 81

Madan Lal & Ors Vs UT of J&K 2023 LiveLaw (JKL) 82

Robkar Vs Vivek Bhardwaj & Ors 2023 LiveLaw (JKL) 83

Sheikh Khalid Jehangir Vs Nayeem Akhter 2023 LiveLaw (JKL) 84

Afsana Kouser Vs UT of J&K 2023 LiveLaw (JKL) 85

Mohd Ashraf Shah Vs Union of India 2023 LiveLaw (JKL) 86

Judgements/Orders

No Self-Respecting Woman Would Normally Concoct Rape Allegations Putting Her Character, Marriage Prospects On Stake: Jammu & Kashmir High Court

Case Title: Sunil Kumar Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 75

Dismissing the bail plea of a man accused of raping a 10-year-old daughter of his neighbour, the Jammu and Kashmir and Ladakh High Court observed that normally no woman would put her character at risk by falsely implicating a man for rape.

"Since rape leaves a permanent scar on the most cherished possession of woman and serious psychological impact on the victim and her family, the prosecutrix as in the case in hand, would not therefore, have concocted story of rape against petitioner/accused to falsely implicate him by putting her honour, character, reputation and her future marriage prospects on stake in the society. Ordinarily, the offence of rape is grave by its nature," bench of Justice Mohan Lal observed.

Magistrate Can Order Second Inquiry U/S 202 CrPC Into Unexplored Allegations In Complaint: Jammu & Kashmir High Court

Case Title: Raj Kumar Vs SSP & Anr

Citation: 2023 LiveLaw (JKL) 76

The Jammu and Kashmir and Ladakh High Court ruled that a Magistrate is well within his jurisdiction to order an in depth enquiry under Section 202 CrPC, if the first report submitted by the enquiry officer lacks enquiry into certain allegations levelled in the complaint.

NDPS Act | Prosecutor Is Independent Statutory Authority, Must Apply Independent Mind To Justify Extension For Investigation: Jammu & Kashmir High Court

Case Title: Rizwan Bashir Dhobi Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 77

The Jammu and Kashmir and Ladakh High Court observed that a Public Prosecutor, being an independent statutory authority, is expected to apply his independent mind to the material produced before him by the Investigating Agency and thereafter take a decision as to whether or not extension of time for completing the investigation is justified in the facts and circumstances of the case.

Proceedings Before Mediator Confidential, Parties Can't Be Compelled To Abide By Offers Made During Negotiations: Jammu & Kashmir High Court

Case Title: Mohammad Abdullah Bhat Vs Nazir Ahmad Bhat & Ors.

Citation: 2023 LiveLaw (JKL) 78

The Jammu and Kashmir and Ladakh High Court reiterated that proceedings conducted before a Mediator are confidential in nature and the parties cannot be compelled to abide by what was offered by them during the negotiations before the Mediator.

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

Case Title: Amjid Hussain Khan Vs State of J&K

Citation: 2023 LiveLaw (JKL) 79

The Jammu and Kashmir and Ladakh High Court ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment.

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains

Case Title: Sheikh Mohammad Amin and another Vs Yasir Farooq and others

Citation: 2023 LiveLaw (JKL) 80

The Jammu and Kashmir and Ladakh High Court ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder.

[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High Court

Case Title: Emaad Muzaffar Makhdoomi vs Vikar Ahmad Bhat

Citation: 2023 LiveLaw (JKL) 81

The Jammu and Kashmir and Ladakh High Court made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.

Justice Javed Iqbal Wani observed,

"Such discretion needs to be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any physical or other good reasons, the Magistrate feels that dispensing with the personal appearance of the accused would only be in the interest of justice. However, the Magistrate who grants such concession to the accused must have to grant the same subject to the aforesaid riders as a matter of course."

Jammu & Kashmir High Court Quashes 2022 Village Defence Guard Scheme To The Extent It "Denudes" SPOs Of Their Status & Privileges Under Old Scheme

Case Title: Madan Lal & Ors Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 82

The Jammu and Kashmir and Ladakh High Court quashed the Village Defence Group Scheme-2022 issued by the Government to the extent it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs (Special Police Officers) and the power and privileges conferred on them by the Village Defence Group Scheme-1995.

"Can't Travel Beyond Original Judgment": Jammu & Kashmir HC Rejects Contempt Plea Against Health Dept For Excluding AYUSH Doctors From Performance Incentives

Case Title: Robkar Vs Vivek Bhardwaj & Ors

Citation: 2023 LiveLaw (JKL) 83

The Jammu and Kashmir and Ladakh High Court refused to initiate contempt action against officials of National Rural Health Mission (NRHM) for exclusion of AYUSH doctors from grant of performance based incentives offered to MBBS doctors.

The bench reiterated that the power of contempt is of a special nature and it needs to be exercised with care and caution; a Court cannot travel beyond the original judgment while exercising its contempt jurisdiction, it said.

Allegation Of Corrupt Practices Against Public Servant Can't Be Considered Defamatory Without Proving Malice: Jammu & Kashmir High Court

Case Title: Sheikh Khalid Jehangir Vs Nayeem Akhter

Citation : 2023 LiveLaw (JKL) 84

Quashing a complaint involving allegations of defamation against a Senior Office Bearer of a Public Sector Corporation for writing a letter to the Governor of Jammu and Kashmir highlighting acts of omission and commission in the J&K Project Construction Corporation, the Jammu and Kashmir and Ladakh High Court observed that every citizen has a right to comment on those acts of public men which concerns him as a citizen of the Country, if he does not make his commentary a cloak for Malice and Slander.

Article 144 | Police Force Bound By Supreme Court's Decisions To Protect Marital Freedom Of Consenting Adults: Jammu & Kashmir High Court

Case Title: Afsana Kouser Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 85

Highlighting Article 144 of the Constitution which mandates all government authorities to abide Supreme Court decisions, the Jammu and Kashmir High Court came to the rescue of an adult woman apprehending life threat for marrying a person of her choice.

Justice Rahul Bharti observed,

"Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory of India to act in aid of the Hon’ble Supreme Court. Bearing this constitutional sanction in perspective and the directions of the Hon’ble Supreme Court set into place, it is a matter of duty for the Police Officials as well as officials of the concerned Civil Administration, irrespective of hierarchical position, to ensure that marrying individuals who are major and have chosen to become husband and wife out of their free will and volition are not to fear anybody causing any harm to their life and limb."

Disciplinary Authority Must Show "Wilful" Absence To Terminate Employee: Jammu & Kashmir High Court Sets Aside CRPF Constable's Termination

Case Title: Mohd Ashraf Shah Vs Union of India

Citation: 2023 LiveLaw (JKL) 86

Reinstating a CRPF constable, the Jammu and Kashmir and Ladakh High Court ruled that the Disciplinary Authority must prove that an employee's unauthorized absence from duty was willful before it can be considered as misconduct and lead to termination.