Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 01- May 07

Nominal Index

Nayeem Rasool Vs UT of J&K 2023 LiveLaw (JKL) 102

Mohammad Ashraf Dar vs UT Of J&K 2023 LiveLaw (JKL) 103

Ayaz Ahmad Vs UT of J&K 2023 LiveLaw (JKL) 104

Sheikh Shakeel Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 105

M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D Jammu 2023 LiveLaw (JKL) 106

Land Owners of Village Suthsoo and others Vs State of J&K 2023 LiveLaw (JKL) 107

Molvi Mohammad Amin Pala Vs UT of J&K 2023 LiveLaw (JKL) 108

UT of J&K Vs Pradeep Singh( Now Dead) 2023 LiveLaw (JKL) 109

Farooq Ahmad Mir Vs Nisar Ahmad Wani and others 2023 LiveLaw (JKL) 110

Judgements/Orders

Power To Transfer Undertrial Prisoner From One Jail To Another Only With Court: Jammu & Kashmir High Court

Case Title: Nayeem Rasool Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 102

The Jammu & Kashmir and Ladakh High Court ruled that the power to direct transfer of an undertrial prisoner from one jail to another vests only with the Magistrate/ Court which had remanded the detenue to a certain prison, and not with the prison authorities.

A bench comprising Justice M A Chowdhary referred to Prison Manual, 2022- For the Superintendence and Management of Prisons in the Union Territory of Jammu and Kashmir read with Prisoners Act, 1900 and observed,

"The power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by the Court by passing a judicial order, obviously after providing opportunity of being heard and that the change in the place of detention would be permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody."

Narco-Terrorism Serious Threat To National Security: Jammu & Kashmir High Court Refuses To Interfere With Alleged Drug Trafficker's Detention

Case Title: Mohammad Ashraf Dar vs UT Of J&K.

Citation: 2023 LiveLaw (JKL) 103

Observing that the involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco terrorism, the Jammu and Kashmir and Ladakh High Court dismissed the plea of an alleged drug trafficker, detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988.

Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court

Case Title: Ayaz Ahmad Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 104

The Jammu and Kashmir and Ladakh High Court ruled that a Special Court's order framing charge or altering or refusing to alter the charge under the National Investigating Agency Act is an interlocutory order and not appealable under Section 21.

Vaishno Devi Stampede: Jammu & Kashmir High Court Closes PIL To Make Inquiry Report Public, Says Steps Taken By Shrine Board Satisfactory

Case Title: Sheikh Shakeel Ahmed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 105

The Jammu and Kashmir and Ladakh High Court expressed its satisfaction with the measures taken by the Vaishno Devi Shrine Board to streamline the yatra and ensure safety of pilgrims, following the deadly stampede in the intervening night of 2021-22.

After perusing the record and detailed reply affidavit, Justice Nargal writing for the bench opined that the Shrine Board has taken all measures including short term, medium and long term with a view to streamline the yatra, besides taking all safety measures for the safety of the pilgrims. Not only this, even the Board has undertaken various activities through its Administration and Operations Wing, for better management and facilitation of pilgrims, the bench added.

No Sales Tax On Supply Of Goods For Erecting Transmission Lines, Substations & Power Grids Before 15.05.1997: Jammu & Kashmir And Ladakh High Court

Case Title: M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D Jammu

Case No.: STR No. 03/2022

Citation: 2023 LiveLaw (JKL) 106

The Jammu & Kashmir And Ladakh High Court held that no sales tax is exigible for the supply of goods for erecting transmission lines, substations, and power grids.

The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee and the contractors in which the assessee has supplied the goods and material purchased by it from outside the State against C-Forms for the purpose of erecting transmission lines, sub-stations, and power grids for itself did not amount to “sale” as it was defined under Section 2(L) of the GST Act before 15.05.1997.

Land Acquisition For Ring Road Not Notified As National Highway But Part Of NH Project Must Be Under NHAI Act: Jammu & Kashmir High Court

Case Title: Land Owners of Village Suthsoo and others Vs State of J&K

Citation: 2023 LiveLaw (JKL) 107

The Jammu and Kashmir and Ladakh High Court ordered that all land required for the construction of the Srinagar Ring Road must be acquired in accordance with the National Highways Act, 1956. The court also ruled that additional compensation of 20% must be paid to those whose land has been acquired for the project.

The court observed that the Srinagar Ring Road Project is a national highway project and needs to be treated as part of existing National Highway 1A. It is not necessary to declare it a national highway under Section 2 of the NH Act, 1956 until it is completed, however, the Central Government is obliged in law, in terms of Section 3A, to initiate the process of acquisition under the NH Act, 1956, it held.

Jammu & Kashmir High Court Quashes Imam's Detention Under PSA, Raps Detaining Authority For Acting On Vague Grounds

Case Title: Molvi Mohammad Amin Pala Vs UT of J&K.

Citation: 2023 LiveLaw (JKL) 108

The Jammu and Kashmir and Ladakh High Court quashed the detention order of an Imam, accused of delivering speeches to mobilize common masses against the sovereignty and integrity of the Union Territory of Jammu and Kashmir.

Justice M A Chowdhary observed that the grounds of detention are vague and stale, lacking any specific instances or incidents to justify the detainee's preventive detention.

Safe Custody Of Alleged Contraband And Swift Forensic Analysis Essential: Jammu & Kashmir High Court On Prosecution's Obligations In NDPS Case

Case Title: UT of J&K Vs Pradeep Singh( Now Dead)

Citation: 2023 LiveLaw (JKL) 109

The Jammu and Kashmir and Ladakh High Court emphasized on the prosecution's obligation under Section 55 of the Narcotic Drugs and Psychotropic Substances Act to prove that the contraband after its recovery and seizure from the accused was kept in safe custody and that the sample of the contraband was forwarded to Forensic Science Laboratory without any delay.

Order XIV Rule 5 CPC | Court Cannot Frame Issues Beyond Pleadings: Jammu & Kashmir High Court

Case Title: Farooq Ahmad Mir Vs Nisar Ahmad Wani and others

Citation: 2023 LiveLaw (JKL) 110

The Jammu and Kashmir and Ladakh High Court clarified that scope of the power granted to courts under Order XIV Rule 5 of the Civil Procedure Code to amend, add, delete, or strike out issues is not absolute and is subject to the provisions of Rule 3 of Order XIV, which limits the framing of issues to materials comprising allegations made in pleadings, answers to interrogatories, documents produced, or statements made on oath.

A bench of Justice Javed Iqbal Wani observed,

"The power enshrined in Order 14, Rule 5, however, is controlled by the provisions of Rule 3 of Order 14 which provides that the court may frame issues from all or any of the materials comprising allegations made in the pleadings or in answers to interrogatories, documents produced by the parties, allegations made on oath by the parties or by any person present on their behalf, or statements made by the pleaders appearing for the parties, upon examination of witnesses or inspection of the documents".