No Interference In Punishment Unless It Shocks Conscience: J&K High Court Upholds Dismissal Of BSF Personnel For 2-Yr Unauthorized Absence

Upholding the dismissal of a BSF constable for overstaying his leave by nearly two years the Jammu and Kashmir and Ladakh High Court has reinforced the principle that, unless the punishment shocks the court's conscience, the proportionality of punishment should not be interfered with.In dismissing his plea challenging his dismissal Justice Wasim Sadiq Nargal observed, “In the instant...

Inability By State's Police Machinery To Take Recourse Under Ordinary Criminal Law Not An Excuse To Invoke Preventive Detention: J&K High Court

Quashing the preventive detention of 25-year-old Anjun Khan, the Jammu and Kashmir and Ladakh High Court has denounced the misuse of the Public Safety Act (PSA) as a means to bypass ordinary criminal law. The court has emphasised that the inability of the State's police machinery to resort to normal legal procedures could not justify invoking the draconian PSA.“The inability on part of...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 16 - September 22, 2024

Nominal Index:Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors 2024 LiveLaw (JKL) 260Talib Hussain @ Javied Vs UT of J&K 2024 LiveLaw (JKL) 261Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 262Khursheed Ahmad Chohan VS UT of J&K 2024 LiveLaw (JKL) 263Sh. Vijay Sharma Vs U.T of Jammu and Kashmir 2024 LiveLaw (JKL) 264Shagufta Bano V/S UT...

'Pollutes Stream Of Justice': J&K High Court Imposes 50K Cost On Petitioner For Suppressing Material Facts

The Jammu and Kashmir and Ladakh High Court on Friday remarked that "a litigant who attempts to pollute the stream of justice or touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final." The court imposed a hefty cost of ₹50,000 on the petitioners for deliberately suppressing material facts in an attempt to obtain interim relief.Rebuking...

High Court Retains Original Civil Jurisdiction Despite Changes Introduced Post-2019 Re-Organisation Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that despite the de-operationalization of the Constitution of Jammu and Kashmir, 1957, and the enactment of the Jammu and Kashmir Reorganization Act, 2019, the court retains both ordinary original civil jurisdiction and extraordinary original civil jurisdiction.While addressing critical questions of law concerning the court's authority...

State Doesn't Have Vested Right To File Belated Appeal Without Explaining Reasons, Diligence Expected In Its Functioning: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently reinforced that government departments, despite their complex nature, are not entitled to special leniency when it comes to condoning delays. The court clarified that only bona fide and unintentional delays can be excused, and the State must demonstrate diligence and commitment in its functioning.In dismissing an application on the part...

Law Does Not Permit Discrimination Between Foreigner And Indian Nationals While Granting Bail: J&K High Court

The Jammu & Kashmir and Ladakh High Court reaffirmed that the law does not allow any discrimination between foreign nationals and Indian nationals regarding the granting of bail, emphasizing that bail must be considered based on the facts and circumstances of each case, and conditions may be imposed to ensure the accused is available for trial, but bail cannot be denied simply because...

Courts Cannot Review Threat Perception Assessments, Such Evaluation Falls Under Security Agencies' Domain: J&K High Court

The Jammu & Kashmir and Ladakh High Court ruled that it has no mechanism to determine whether the threat perception of individuals or political figures has been properly assessed, emphasizing that such evaluations are strictly within the jurisdiction of security agencies.This ruling came in response to a writ petition filed by a political activist seeking security protection due to his...

Letters Patent Appeal Not Maintainable Against Single Judge Order In Article 226 Plea Which Has 'Trappings Of Criminal Case': J&K High Court

The Jammu & Kashmir and Ladakh High Court has declared that a Letters Patent Appeal (LPA) is not maintainable against an order passed by a Single Judge in a petition under Article 226 of the Constitution, especially when the petition has the trappings of a criminal case.Dismissing an LPA filed by a police officer Khursheed Ahmad Chohan against a Single Judge Judgment passed in a writ...

J&K High Court Pulls Up DM Over 'Illegal' Detention Order, Says Deprivation Of Liberty Was Treated As “Administrative Excursion”

The Jammu & Kashmir and Ladakh High Court has strongly criticised the District Magistrate of Udhampur for issuing an unlawful preventive detention order under the Jammu & Kashmir Public Safety Act, 1978. The court found the detention order to be arbitrary and a violation of the petitioner's fundamental right to personal liberty under Article 21 of the Constitution.In allowing a...

Casualness By Authorities In Passing Detention Order Mocks Constitution: J&K High Court Quashes Detention Of Zee News Urdu Bureau Chief

The Jammu and Kashmir and Ladakh High Court on Tuesday quashed the preventive detention of Talib Hussain, Bureau Chief of Zee News Urdu, remarking that the "casualness and callousness" shown by the authorities in passing mechanical detention orders mocked the Constitution of India.Criticizing the misuse of preventive detention powers and lamenting the disregard for constitutionality in...

Proceedings U/S 12 DV Act Not Strictly Criminal In Nature, Bar Preventing Magistrates From Revoking Their Own Orders Is Not Applicable: J&K HC

The Jammu and Kashmir and Ladakh High Court has clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) are not strictly criminal in nature. Consequently, the bar preventing Magistrates from revoking or cancelling their own orders is not applicable in these cases, it added.In his pronouncement on the nature of proceedings under the...