Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 4 - September 10, 2023

Happy Singh vs. Union of India 2023 LiveLaw (JKL) 238

SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD 2023 LiveLaw (JKL) 239

BILLO KASANA & OTHERS Vs STATE OF J&K & ORS 2023 LiveLaw (JKL) 240

Noor Ahmad Shah vs. Union of India and Ors 2023 LiveLaw (JKL) 241

MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K & Ors 2023 LiveLaw (JKL) 242

Brij Bhushan Sharma vs. State Of J&K 2023 LiveLaw (JKL) 243

Mst. Raja Vs.Mst. Fazi and Ors 2023 LiveLaw (JKL) 244

Judgments/Orders:

'Drug Abuse Taking A Toll On Lives Globally': J&K High Court Upholds Preventive Detention Of Alleged Drug Trafficker

Case Title: Happy Singh vs. Union of India

Citation: 2023 LiveLaw (JKL) 238

The Jammu and Kashmir and Ladakh High Court observed that the ongoing impact of illicit drug trafficking and drug abuse has taken a substantial toll on countless lives and robbed many individuals of their productive years worldwide.

Justice Wasim Sadiq Nargal thus upheld the preventive detention of an alleged drug trafficker hailing from Punjab.

“Drug trafficking along with drug abuse, especially by younger generation has continued its significant toll on valuable human lives and productive years of many persons around the globe. With the growth and development of world economy, drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring availability of contrabands for vulnerable segment of society who fall into trap of drug peddlers and traffickers”.

Courts To Avoid Pedantic Approach In Application For Supplementing Grounds For Delay Condonation, Unless They Determine Parties' Rights: J&K High Court

Case Title: SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD

Citation: 2023 LiveLaw (JKL) 239

The Jammu and Kashmir High Court observed that a pedantic approach should not hinder the incorporation of additional grounds in applications seeking condonation of delay.

Justice Puneet Gupta emphasised that the court should refrain from overly strict or pedantic scrutiny when parties seek to introduce supplementary pleadings in applications that do not ultimately determine the parties' rights in the ongoing suit.

Migrant's Property Cannot Be Alienated Without Revenue Minister's Permission, Not Even By Court Decree: Jammu & Kashmir High Court

Case Title: BILLO KASANA & OTHERS Vs STATE OF J&K & ORS.

Citation: 2023 LiveLaw (JKL) 240

The Jammu and Kashmir and Ladakh High Court made it clear that the J&K Migrant Immovable Property 1997 prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a Court or a revenue officer, without previous permission of Revenue and Relief Minister.

"A perusal of Section 4 of the Act of 1997 would reveal that the District Magistrate becomes custodia legis of any property belonging to a migrant and the same cannot be alienated without the permission of Revenue and Relief Minister and any alienation in violation of the same or without such permission is null and void", Justice Sanjay Dhar observed.

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

Case Title: Noor Ahmad Shah vs. Union of India and Ors.

Citation: 2023 LiveLaw (JKL) 241

The Jammu and Kashmir and Ladakh High Court held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme.

Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension 1980.

Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

Case Title: MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 242

The Jammu & Kashmir High Court quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.

“Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 05 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt”, the bench remarked.

Framing Of Charges | High Court Can't Scrutinise Evidence To Differ From Trial Court's Opinion: Jammu & Kashmir High Court

Case Title: Brij Bhushan Sharma vs. State Of J&K

Citation: 2023 LiveLaw (JKL) 243

The Jammu and Kashmir and Ladakh High Court ruled that a High Court's scrutiny of the evidence and material collected by the prosecution in support of the charge, in exercise of its inherent jurisdiction under Section 561-A of the J&K Code of Criminal Procedure is not any higher than that of the court that framed the charge.

“Sifting of evidence to come to a conclusion contrary to the one arrived at by the trial Court in framing charge is not permissible”, Justices Sanjeev Kumar and Rajesh Sekhri observed.

CPC Intended To Facilitate Justice & Not Penalise Individuals, Procedural Errors Can't Defeat A Rightful Relief: Jammu & Kashmir High Court

Case Title: Mst. Raja Vs.Mst. Fazi and Ors.

Citation: 2023 LiveLaw (JKL) 244

The Jammu and Kashmir High Court emphasised that the Code of Civil Procedure is intended to facilitate justice, not to penalize individuals and courts typically do not deny rightful relief due to procedural errors or mistakes, whether they result from negligence, inadvertence, or rule violations.

Justice Javed Iqbal Wani thus set aside an order passed by the Court of Special Mobile Magistrate, Anantnag invoking its supervisory jurisdiction under Article 227 of the Constitution.