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...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Nominal Index:Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw (JKL) 253Raman Kumar Vs UT of J&K 2024 LiveLaw (JKL) 254Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw (JKL) 255Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw (JKL) 256Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw (JKL) 257State through P/S Pulwama Vs Nazir Ahmad Rather...

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation (SMC) Corporator Aqib Ahmad Renzu.The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. The court further emphasized that preventive detention laws cannot be used...

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 has ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute.The court emphasised that the prosecution must first establish a prima facie case against the accused before the...

J&K High Court Disciplinary Committee Upholds Maintainability Of Complaint Against Ex-Bar Association President Mian Qayoom, Others

The Disciplinary Committee of the Jammu and Kashmir and Ladakh High Court, comprising Justices Rajnesh Oswal, Sanjay Dhar, and Rahul Bharti, has upheld the maintainability of a complaint against three prominent advocates—former Bar Association President Mian Abdul Qayoom, Nazir Ahmad Ronga, and Ghulam Nabi Thoker alias Shaheen.In dismissing the preliminary objections raised by the...

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. The court emphasized that allowing the petition to lapse on this ground would undermine the rule of law and suggest that personal liberty is restored merely by the passage of time, rather...

CrPC | Test Of Sufficiency Of Proof Not Applicable At Stage Of Framing Of Charge And Discharge Of Accused: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the stringent tests regarding the sufficiency of proof, which are usually applied at the final stage of a case, are not applicable during the framing of charges or discharge of an accused.A bench of Justice Javed Iqbal Wani has clarified that the Magistrate, at the stage of framing charges, is not required to deeply scrutinize...

[S.138 NI Act] Complaint Is Maintainable Even If Cheque Is Dishonoured Due To 'Frozen Account': J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, is maintainable even if a cheque is dishonoured with the reason 'Account Frozen'.Justice Rajnesh Oswal, hearing the matter, examined whether the complaint for dishonour of a cheque on the ground of 'Account Frozen' is maintainable under Section 138 of the...

Jammu & Kashmir And Ladakh High Court Monthly Digest: August 2024

Nominal Index:Mr. Nagraj V Vs UT of J&K 2024 LiveLaw (JKL) 208BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS 2024 LiveLaw (JKL) 209Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors 2024 LiveLaw (JKL) 210Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another 2024 LiveLaw (JKL) 211Fayaz Ahmad Mir Vs Nighat Nasreen 2024 LiveLaw (JKL)...

Embargo On Bail In Death Or Life Imprisonment Cases Cannot Supersede Right To Speedy Trial: J&K High Court

The Jammu & Kashmir and Ladakh High Court has recently ruled that the embargo under the Code of Criminal Procedure for granting bail in cases punishable by death or life imprisonment cannot override the fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution of India.Granting bail to one Raman Kumar, the petitioner, who had been incarcerated for over 13...

[Defamation] Application Claiming Exception Of 'Good Faith Accusation' Cannot Be Dismissed At Threshold, Requires Trial To Examine: J&K HC

In a notable ruling, the Jammu and Kashmir and Ladakh High Court has emphasized that the application of the Eighth Exception to Section 499 (Defamation) of the Ranbir Penal Code (RPC) (pari materia to Sec 499 of IPC) involves the determination of factual issues that cannot be assessed at the threshold stage by the trial court or in a petition seeking quashing.The eighth exception of the...