Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court

Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns.Allowing a Habeas Corpus petition Justice Sanjay Dhar observed,“When there is an unsatisfactory and unexplained delay...

Jammu and Kashmir and Ladakh High Court Weekly Roundup December 11 - December 17, 2023

Nominal Index:Asif Sultan Saida Vs Union Territory of J&K and anr 2023 LiveLaw (JKL) 312Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir 2023 LiveLaw (JKL) 313Inderjeet Khajuria Vs State Of J&K 2023 LiveLaw (JKL) 314Bari Shah Vs UT of J&K 2023 LiveLaw (JKL) 315Jamsheed Haroon and Another 2023 LiveLaw (JKL) 316SMT. RANJEET KOUR Vs. STATE OF J&K & ORS 2023 LiveLaw (JKL)...

'Can't Stall Public Importance Projects Halfway': J&K High Court Upholds Sanitation Contracts To Sulabh Int'l Society Sans Inviting Tenders

The Jammu & Kashmir and Ladakh High Court has upheld the allotment of sanitation contracts to a renowned NGO, Sulabh International Social Service Organization (SISSO), without inviting tenders.A division bench of Justices Tashi Rabstan and Rahul Bharti has observed that the allotment of contracts is not always bound by a tendering process and can be granted through negotiations,...

Maternity Leave Doesn't Result Or Reduction In Total Service Rendered: J&K High Court Upholds 6 Bankers' Promotion Rights

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that while on an approved leave of any nature, whether maternity leave or otherwise, any employee is to be considered as being in active service.Justice Sanjeev Kumar clarified that the act of taking leave, irrespective of its kind, does not constitute a break in service nor does it lead to a reduction in the overall length of...

J&K High Court Directs UOI To Pay 2.5 Crores As Rental Compensation To Displaced Persons Whose Land Was 'Illegally' Occupied By Indian Army

Upholding the Constitutionality of property rights, the Jammu and Kashmir and Ladakh High Court on Thursday directed the Union of India to pay a staggering Rs. 2.49 crore in rental compensation to 24 families of Displaced Persons (DPs) whose land was illegally occupied by the Army for over four decades.A bench of Justice Wasim Sadiq Nargal observed,“The state in exercise of its power...

Res Judicata| Contempt Court Sole Authority To Rule On Judgment Adherence, Subsequent Litigation On Same Issue Impermissible: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has determined that the Contempt Court possesses the authority to adjudicate on whether a judgment of the Court has been adhered to. Once the Contempt Court has rendered a decision on the merits of such a question, it is not permissible for a party to reintroduce the same issue in a subsequent lawsuit or any other proceeding.A bench of Justice...

J&K High Court Quashes FIR For Offence of Triple Talaq Owing To Compromise Between Parties

Upholding the power of compromise in matrimonial disputes, the Jammu & Kashmir High Court has quashed an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the offence of triple talaq. Justice Sindhu Sharma, in a nuanced order, recognised the settlement reached between the couple and the potential for further injustice if the criminal...

'Gap Of 3.5 Yrs Between Last 'Illegal' Activity & Detention Order': J&K High Court Quashes Detention Of Alleged Bovine Smuggler

The Jammu and Kashmir and Ladakh High Court has quashed the detention order of a man accused of bovine smuggling, citing a lack of live link between his alleged past activities and the present detention, and a long delay of over three and a half years in passing the order. Justice Rajnesh Oswal also acknowledged the Detenue's willingness to furnish an undertaking with the District Magistrate...

'Adequate Steps Taken': J&K High Court Closes PIL Concerning Contamination Of Tawi River In Jammu, Creation Of Artificial Lake

The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation (PIL) filed on the contamination of the Tawi River in Jammu and the creation of an artificial lake. The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi said that enough adequate steps have already been taken by the respondents and, therefore, there is no reason to further...

J&K High Court Closes 'Vague' PIL Seeking CBI Probe Into Appointment Of 'Special Police Officers' In J&K Police

The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the appointment of Special Police Officers (SPOs) as Constables in the J&K Police Department between 2018 and 2020.The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi observed that the petitioner's...

Jammu & Kashmir High Court Quashes Detention Order of Journalist Asif Sultan Citing Procedural Lapses

The Jammu and Kashmir and Ladakh High Court has quashed the detention order of journalist Asif Sultan, who was detained under the Public Safety Act (PSA) in April 2022.The court, in its judgment delivered by Justice Vinod Chatterji Koul, observed that the detention order was illegal and unsustainable as the detaining authority failed to provide Sultan with all the relevant material on which...

Jammu & Kashmir and Ladakh High Court Aims To Clear Backlog: Zero Five-Year Cases by September 2024

In its bid to clear the backlog of old cases and improve access to justice, the High Court of Jammu & Kashmir and Ladakh has launched an ambitious action plan for 2023-24. The plan, approved by Chief Justice N Kotiswar Singh, targets a significant reduction in pending cases, specifically aiming to achieve zero five-year-plus cases by September 30th, 2024.A notification to this effect...