Jammu & Kashmir And Ladakh High Court Monthly Digest: May 2026

Deepak Singh & Ors Vs UT of J&K 2026 LiveLaw (JKL) 171

Aqib Ahmad Vs UT of J&K 2026 LiveLaw (JKL) 172

Mehraj Din Malik (through father Shamas Din) v. UT of J&K & Ors 2026 LiveLaw (JKL) 173

Mohd. Kabir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 174

Altaf Ahmad Waza v. UT of J&K & Ors 2026 LiveLaw (JKL) 175

Yawar Ahmad Bhagat v. UT of J&K 2026 LiveLaw (JKL) 176

Riyaz Ahmad Wani Vs Abdul Hamid Dar 2026 LiveLaw (JKL) 177

Inhabitants of Village Pariswani Vs UT of J&K & Ors 2026 LiveLaw (JKL) 178

State Bank of India Vs Smt. Balbir Kaur 2026 LiveLaw (JKL) 179

XXX v. Afaq Ali Khan 2026 LiveLaw (JKL) 180

Abdul Ahad Dar v. Mohammad Sidiq Dar 2026 LiveLaw (JKL) 181

Bashir Ahmad Bhat Vs UT of J&K 2026 LiveLaw (JKL) 182

Nazir Ahmad Mir & Ors Vs Ishfaq Ahmad Mir 2026 LiveLaw (JKL) 183

Union Territory of J&K & Ors. Vs Ravinder Kanta & Ors 2026 LiveLaw (JKL) 184

M. Naseer U Zaman Vs Jammu & Kashmir and Ladakh Financial Corporation & Anr 2026 LiveLaw (JKL) 185

Inhabitants of Block Harwan v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 186

Abdul Rashid Kohli v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 187

Aijaz Hussain Sahaf v. State of J&K & Ors 2026 LiveLaw (JKL) 188

Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr 2026 LiveLaw (JKL) 189

Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors 2026 LiveLaw (JKL) 190

Ali Mohd. Dar v. State of J&K & Ors 2026 LiveLaw (JKL) 191

Chairman J&K Board of School Education v. Syed Abdul Rouf & Anr 2026 LiveLaw (JKL) 192

Burhan Ahmad Mattoo v. Union Territory of Jammu and Kashmir 2026 LiveLaw (JKL) 193

Radha Krishen Koul & Anr. v. UT of J&K & Ors 2026 LiveLaw (JKL) 194

Vilayat Aziz Mir v. UT of J&K & Ors 2026 LiveLaw (JKL) 195

Mohammad Ashraf Sheikh Vs Union Territory of J&K & Ors 2026 LiveLaw (JKL) 196

Darshan Singh @ Deepu v. UT of J&K & Ors 2026 LiveLaw (JKL) 197

Manish Kumar Bharti v. Union of India & Ors 2026 LiveLaw (JKL) 198

Aultaf Ahmad Shah v. J&K Bank Ltd. & Ors 2026 LiveLaw (JKL) 199

Rouf Ahmad Mir & Ors Vs Adfara Rahman 2026 LiveLaw (JKL) 200

Basharat Ahmad Abbasi Alias Bashir And Another v. UT of J&K And Others 2026 LiveLaw (JKL) 201

Jahangir Ahmad Parray v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 202

Mohammad Amin Rather And Others v. UT of J&K And Others 2026 LiveLaw (JKL) 203

Shagun Chandel (wife of detenu Nisar Ahmad) v. Union Territory of Jammu and Kashmir & Ors 2026 LiveLaw (JKL) 204

Syed Irfan Ahmad v. NIA Jammu 2026 LiveLaw (JKL) 205

Mushtaq Ahmad Malik v. Union of India & Ors 2026 LiveLaw (JKL) 206

Hajira v. J&K Special Tribunal & Ors 2026 LiveLaw (JKL) 207

Pushap Kumar Tickoo & Ors. v. UT of J&K & Ors 2026 LiveLaw (JKL) 208

Dr. Abdul Majeed Bhat v. Union Territory of J&K 2026 LiveLaw (JKL) 209

Tanveer Ahmad Mir v. Union Territory of J&K and Another 2026 LiveLaw (JKL) 210

Rajinder Singh v. Home Secretary to Govt. of India & Ors 2026 LiveLaw (JKL) 211

Tanveer Ahmad Mir v. UT of J&K 2026 LiveLaw (JKL) 212

Vishvendra Singh v. UT of J&K & Anr 2026 LiveLaw (JKL) 213

Mohammad Yousuf Allie v. High Court of J&K and Ladakh & Anr 2026 LiveLaw (JKL) 214

Mohammad Latief Dar v. UT of J&K and Others 2026 LiveLaw (JKL) 215

Rayees Ahmad Lone v. UT of J&K & Ors 2026 LiveLaw (JKL) 216

Nazira Begum v. Union Territory of J&K and Others 2026 LiveLaw (JKL) 217

Majid Yaqub Dar v. UT of J&K & Ors 2026 LiveLaw (JKL) 218

Rakesh Kumar v. UT of J&K and Another 2026 LiveLaw (JKL) 219

Minor Victim “X” Through Her Father v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 220

Imtiyaz Qadir Bhat & Anr. v. Union Territory of J&K 2026 LiveLaw (JKL) 221

Pir Mohd Ishaq & Ors. v. University of Kashmir & Ors 2026 LiveLaw (JKL) 222

Reham Ali v. UT of J&K & Ors 2026 LiveLaw (JKL) 223

S.D. Mevada & Anr. v. Union Territory of Jammu & Kashmir through Food Safety Officer, Block Shopian 2026 LiveLaw (JKL) 224

UT of J&K & Ors. v. Khalid Jehangir Bhat & Ors 2026 LiveLaw (JKL) 225

G.M. Sheikh v. UT of J&K & Ors 2026 LiveLaw (JKL) 226

Shafat Ahmad (through father) v. UT of J&K & Ors 2026 LiveLaw (JKL) 227

Arif Billa Sheikh v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 228

Jammu and Kashmir Bank Ltd. & Ors. v. Naseer Ahmad Sheikh 2026 LiveLaw (JKL) 229

Bashir Ahmad Akhoon & Anr. v. Ghulam Ahmad Malik 2026 LiveLaw (JKL) 230

Jammu & Kashmir Bank Ltd. & Ors. v. Tanu Gupta & Ors 2026 LiveLaw (JKL) 231

Pawan Kumar @Raja v. UT of J&K & Ors 2026 LiveLaw (JKL) 232

Sohan Singh & Ors. v. Chuni Lal 2026 LiveLaw (JKL) 233

Rameez Ahmed v. Union of India through Intelligence Officer, Narcotic Control Bureau, Jammu 2026 LiveLaw (JKL) 234

Bisma Bashir v. UT of J&K & Ors 2026 LiveLaw (JKL) 235

Umar Nazir Bhat v. UT of J&K and Others 2026 LiveLaw (JKL) 236

Judgments/Orders:

Unexplained Delay In Recording Eye-Witness Statements Renders Testimony Suspect: J&K&L High Court Acquits Three In Murder Case

Case Title: Deepak Singh & Ors Vs UT of J&K

Citation: 2026 LiveLaw (JKL) 171

The Jammu & Kashmir and Ladakh High Court held that the conviction of co-accused cannot be sustained merely on account of their association with the principal accused, especially when the testimony of alleged eye-witnesses suffers from unexplained delay in recording, material contradictions with medical evidence, and the witnesses themselves admit that the principal witness was not present at the scene.

J&K&L HC Quashes Supplementary Chargesheet Adding POCSV Charges After 5 Yrs; Says Further Probe Can't Convert 'Attempt' Into 'Completed Act'

Case Title: Aqib Ahmad Vs UT of J&K

Citation: 2026 LiveLaw (JKL) 172

The Jammu & Kashmir and Ladakh High Court quashed a supplementary chargesheet that introduced offences under the Protection of Children from Sexual Violence Ordinance, 2018 (POCSV) after a lapse of five years, holding that the power of further investigation cannot be used to fundamentally alter the nature of the prosecution case from an "attempt" to a "completed act" based solely on a materially improved statement of the victim that stands in stark contradiction to contemporaneous medical evidence.

J&K&L High Court Quashes Preventive Detention Of AAP MLA Mehraj Malik, Says No Apprehension Of Him Acting Against Public Order

Case Title: Mehraj Din Malik (through father Shamas Din) v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 173

The Jammu & Kashmir and Ladakh High Court quashed the preventive detention of Mehraj Din Malik, a Member of Legislative Assembly from Doda East, holding that the invocation of the Public Safety Act, 1978 (PSA) was based on allegations that at best amounted to 'law and order' issues and did not satisfy the threshold of 'public order'.

Preventive Detention During Ongoing Proceedings U/S 129 BNSS Must Meet Strict Legal Standards To Be Lawful: J&K&L High Court

Case Title: Mohd. Kabir v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 174

The High Court of Jammu & Kashmir and Ladakh held that though preventive detention under the Public Safety Act can be invoked even when proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are ongoing, such detention must satisfy strict legal standards, failing which it would be rendered unlawful.

Delay In Executing Preventive Detention Order On Unsubstantiated Medical Grounds Renders Detention Unsustainable: J&K&L High Court

Case Title: Altaf Ahmad Waza v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 175

The High Court of Jammu & Kashmir and Ladakh held that a preventive detention order cannot be sustained where the respondents fail to substantiate the medical grounds relied upon to justify non-execution of the detention warrant, and where there is unexplained delay in its execution.

J&K&L High Court Acquits Man In Rape Case, Says School Certificate Alone Cannot Conclusively Prove Prosecutrix Was Minor

Case Title: Yawar Ahmad Bhagat v. UT of J&K

Citation: 2026 LiveLaw (JKL) 176

The Jammu & Kashmir and Ladakh High Court held that the mere entry regarding date of birth in a school admission register or a certificate issued on its basis does not conclusively establish the age of a person. The Court added that the correctness of such particulars depends entirely on the basis on which the entry was made, and in the absence of evidence showing the source of the information, the certificate has no probative value.

Lok Adalat Awards Being Routinely Challenged Defeats Object Of Quick Resolution, Settlement Must Be Confined To Practical Terms: J&K&L High Court

Case Title: Riyaz Ahmad Wani Vs Abdul Hamid Dar

Citation: 2026 LiveLaw (JKL) 177

The Jammu & Kashmir and Ladakh High Court observed that it is day in and day out coming across cases where parties seek to challenge awards passed by Lok Adalats, and that this growing tendency leads to unnecessary invocation of writ jurisdiction and waste of valuable judicial time which ought to be devoted to genuine matters.

'Minor Minerals' Not Minor In Environmental Consequences; Unchecked Extraction Must Be Within Statutory Framework: J&K&L High Court

Case Title: Inhabitants of Village Pariswani Vs UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 178

The Court held that extraction of sand, gravel, stones and boulders from riverbeds and nallahs may appear insignificant but their cumulative impact is often severe, and such activities cannot be left to unchecked private exploitation and must operate only within a strict statutory and environmental framework.

Disabled Daughter Eligible For Family Pension Despite Omission In Declaration; Hyper-Technical Approach Cannot Deny Benefit: J&K&L High Court

Case Title: State Bank of India Vs Smt. Balbir Kaur

Citation: 2026 LiveLaw (JKL) 179

The Jammu & Kashmir and Ladakh High Court held that a major daughter who is physically crippled and unable to earn a living is eligible for family pension under Rule 23(i) of the State Bank of India Employees Pension Fund Rules, even if her name was not specifically indicated in the declaration form submitted by the deceased employee at the time of retirement. The Court added that a hyper-technical approach by the Bank in denying such benefit cannot be sustained.

“Cryptic & Bereft Of Reasons”: J&K&L High Court Sets Aside Order Granting Bail In Rape Case Over False Promise Of Marriage

Case Title: XXX v. Afaq Ali Khan

Citation: 2026 LiveLaw (JKL) 180

The Jammu & Kashmir and Ladakh High Court set aside a regular bail order passed by a trial court in a case registered under Sections 376 and 506 of the Indian Penal Code, holding that the impugned order was cryptic, bereft of reasons, and failed to advert to material aspects including the victim's statement under Section 164 BNSS and allegations of inducement on the false promise of marriage.

Defence Of Coercion In Issuance Of Cheque Cannot Be Proved Through Forensic Exam; Must Be Established By Witnesses: J&K&L High Court

Case Title: Abdul Ahad Dar v. Mohammad Sidiq Dar

Citation: 2026 LiveLaw (JKL) 181

The High Court of Jammu & Kashmir and Ladakh held that a defence alleging that cheques were issued under coercion in police custody cannot be established through forensic examination of the cheques, and must instead be proved by producing witnesses.

Post-Conviction NDPS Bail Can't Be Granted On Long Incarceration Alone; Twin Conditions U/S 37 Must Be Strictly Met: J&K&L High Court

Case Title: Bashir Ahmad Bhat Vs UT of J&K

Citation: 2026 LiveLaw (JKL) 182

The Jammu & Kashmir and Ladakh High Court held that in cases where an accused has been convicted of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving commercial quantity of contraband, the stringent conditions laid down in Section 37 of the Act cannot be diluted merely on the ground of long incarceration, and that the recording of satisfaction on the twin conditions is a jurisdictional requirement and not a mere formality.

Once Status Of Property Becomes A Triable Issue, Plaint Cannot Be Rejected Under Order VII Rule 11 CPC: J&K&L High Court

Case Title: Nazir Ahmad Mir & Ors Vs Ishfaq Ahmad Mir

Citation: 2026 LiveLaw (JKL) 183

The Jammu & Kashmir and Ladakh High Court held that when the status of the suit property as to whether it is a joint holding or stood partitioned becomes a triable issue, the plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

Govt Can't 'Pick & Choose' Judgments To Challenge After Years; Settled Legal Position Must Remain Undisturbed: J&K&L High Court

Case Title: Union Territory of J&K & Ors. v. Ravinder Kanta & Ors.

Citation: 2026 LiveLaw (JKL) 184

The High Court of Jammu & Kashmir and Ladakh held that the Government cannot selectively choose which judgments to accept and which to challenge after a prolonged period, reiterating that once a legal position has attained finality and held the field for years, it must remain undisturbed in the interest of judicial discipline and certainty.

J&K CSR | Borrowing Organization Must Pay Leave Salary To Deputationist & Seek Reimbursement From Parent Department: High Court

Case Title: M. Naseer U Zaman Vs Jammu & Kashmir and Ladakh Financial Corporation & Anr.

Citation: 2026 LiveLaw (JKL) 185

The Jammu & Kashmir and Ladakh High Court held that in cases of deputation to a corporation, company or autonomous body, the borrowing organization is obligated to calculate and release the leave salary due to the employee and may thereafter seek reimbursement from the parent organization.

No Conflict Between J&K Development Act & Panchayati Raj Act On Building Regulation: High Court

Case Title: Inhabitants of Block Harwan v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 186

The Jammu & Kashmir and Ladakh High Court held that the J&K Development Act, 1970, and the J&K Panchayati Raj Act, 1989, do not conflict insofar as regulation of building permissions and their violations are concerned.

The Court ruled that if an area is part of a Notified Area for which the J&K Lakes Conservation and Management Authority (LCMA) has been constituted, LCMA alone has jurisdiction to grant building permissions and ensure that no construction takes place without such permissions or in violation thereof.

Call Logs Alone Cannot Prove Criminal Conspiracy Under NDPS Act In Absence Of Voice Recording Or Transcripts: J&K&L High Court

Case Title: Abdul Rashid Kohli v. Union Territory of Jammu & Kashmir

Citation: 2026 LiveLaw (JKL) 187

The Jammu & Kashmir and Ladakh High Court held that mere call detail records showing contact between an accused and a co-accused are not sufficient to establish a nexus with drug trafficking, especially in the absence of voice recordings or transcripts of the conversation, and that call logs alone cannot prove a criminal conspiracy for sale or transportation of drugs.

Preliminary Verification Closure Not Equivalent To Closure Report Under CrPC: J&K&L High Court Refuses To Quash FIR

Case Title: Aijaz Hussain Sahaf v. State of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 188

The Jammu & Kashmir and Ladakh High Court has held that the High Court cannot interfere under its inherent jurisdiction to quash an FIR merely because a preliminary verification had earlier recommended closure, when subsequent material collected during inquiry discloses the commission of a cognizable offence.

Selection Process Ends With Appointment; Future Vacancies Not Part Of Same Process: J&K&L High Court Dismisses Judicial Officers' Seniority Plea

Case Title: Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr.

Citation: 2026 LiveLaw (JKL) 189

The Jammu & Kashmir and Ladakh High Court dismissed a writ petition filed by four judicial officers who sought quashing of a seniority list of Munsiffs issued in 2011 and a direction to fix their seniority on the basis of their inter se merit in the selection process conducted by the Public Service Commission.

Unregistered Agreement To Sell Can Be Used For Purpose Of Assessing Nature Of Possession At Interim Stage: J&K&L High Court

Case Title: Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors.

Citation: 2026 LiveLaw (JKL) 190

The Jammu & Kashmir and Ladakh High Court held that an unregistered agreement to sell, though inadmissible to prove title, can be relied upon for collateral purposes, including for determining the nature and character of possession at the stage of consideration of an application for temporary injunction.

Inherent Powers U/S 151 CPC Can Be Exercised Post-Award To Prevent Unjust Enrichment In Land Acquisition Cases: J&K&L High Court

Case Title: Ali Mohd. Dar v. State of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 191

The Jammu & Kashmir and Ladakh High Court held that a court can exercise its inherent powers under Section 151 of the Code of Civil Procedure even after an award has attained finality, to correct an inadvertent error resulting in excess payment and to prevent unjust enrichment.

J&K CSR | Employee On Deputation Can Choose Either Deputation Post Pay Or Parent Cadre Pay: J&K&L High Court

Case Title: Chairman J&K Board of School Education v. Syed Abdul Rouf & Anr.

Citation: 2026 LiveLaw (JKL) 192

The Jammu & Kashmir and Ladakh High Court held that an employee appointed on deputation is entitled to elect to draw either the pay in the scale of the deputation post or the basic pay in the pay scale of the parent cadre plus personal pay, if any.

Disclosure Statement Of Co-Accused Alone Insufficient To Deny Bail Under UAPA: J&K&L High Court

Case Title: Burhan Ahmad Mattoo v. Union Territory of Jammu and Kashmir

Citation: 2026 LiveLaw (JKL) 193

The Jammu & Kashmir and Ladakh High Court granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967, holding that where the only material against the appellant is in the form of a disclosure statement made by a co-accused, the appellant has successfully crossed the hurdle of Section 43-D(5) of the Act.

Lawful Lessees Cannot Be Treated As Unauthorized Occupants Merely Because Roshni Act Was Struck Down: J&K&L High Court

Case Title: Radha Krishen Koul & Anr. v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 194

The Jammu & Kashmir and Ladakh High Court set aside a writ court order that had dismissed the petitions of two leaseholders on grounds of suppression of facts and abuse of process, directing the respondents to confer proprietary rights upon them under the Government Order of 1981.

Age No Ground For Leniency When Activities Pose Threat: J&K&L HC Upholds Detention Of 18-Yr-Old Over Alleged Involvement In Terror Attack

Case Title: Vilayat Aziz Mir v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 195

The Jammu & Kashmir and Ladakh High Court dismissed a habeas corpus petition filed by an 18-year-old detenue held under the J&K Public Safety Act, 1978, holding that his age cannot be treated as a ground for leniency when his alleged activities pose a potential risk to the security of the Union Territory.

Preventive Measures Causing Restraint Do Not Amount To Punishment; Objective Only To Prevent Future Acts: J&K&L High Court

Cause Title: Mohammad Ashraf Sheikh Vs Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 196

The Jammu & Kashmir and Ladakh High Court held that preventive measures, even if they involve some restraint or hardship upon individuals, do not partake of the nature of punishment. The Court ruled that the object of preventive detention is not to punish a man for having done something but to intercept and prevent him from doing so, and that those responsible for national security or maintenance of public order must be the sole judges of what such security or order requires.

Small Recoveries In FIRs Without Final Report Can't Establish “Continuous Drug Peddling” For Preventive Detention: J&K&L High Court

Case Title: Darshan Singh @ Deepu v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 197

The High Court of Jammu & Kashmir and Ladakh held that where a detenue was implicated in FIRs involving alleged recovery of small quantities of heroin and both cases were still under investigation, the detaining authority could not conclude that the detenue was engaged in “continuous illegal activities of drug peddling” to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

Mere Rejection Of Representation Does Not Give Fresh Cause Of Action In Service Matters: J&K&L High Court

Case Title: Manish Kumar Bharti v. Union of India & Ors.

Citation: 2026 LiveLaw (JKL) 198

The High Court of Jammu & Kashmir and Ladakh held that filing of repeated representations to the department cannot cure delay and laches in filing a writ petition, and that a reply rejecting such a representation does not furnish a fresh cause of action or revive a stale or dead claim.

Employee's Suspension Period May Be Excluded Only For Calculating Back Wages, Not Promotion Or Seniority: J&K&L High Court

Case Title: Aultaf Ahmad Shah v. J&K Bank Ltd. & Ors.

Citation: 2026 LiveLaw (JKL) 199

The High Court of Jammu & Kashmir and Ladakh held that where a disciplinary authority directs that the period of suspension undergone by an employee would qualify for leave, increments and retirement benefits, such period must necessarily count towards the employee's regular service as well.

Only Prima Facie Satisfaction Required U/S 23 Domestic Violence Act; Meticulous Evidence Analysis To Be Avoided: J&K&L High Court

Case Title: Rouf Ahmad Mir & Ors Vs Adfara Rahman

Citation: 2026 LiveLaw (JKL) 200

The High Court of Jammu & Kashmir and Ladakh held that at the time of considering an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005, the standard of proof is only prima facie satisfaction of the Court regarding the existence of a domestic relationship and the likelihood of domestic violence, and a meticulous analysis of the evidence on record has to be avoided at this stage.

Dying Declaration Recorded Minutes Before Death Is Substantial Evidence; Minor Contradictions Cannot Be Scrutinised At Bail Stage: J&K&L HC

Case Title: Basharat Ahmad Abbasi Alias Bashir And Another v. UT of J&K And Others

Citation: 2026 LiveLaw (JKL) 201

The High Court of Jammu & Kashmir and Ladakh held that a dying declaration recorded on a mobile phone minutes before the death of the deceased, which has been forensically certified as unedited, constitutes substantial admissible evidence under Section 32(1) of the Evidence Act, and minor contradictions in such a statement cannot be critically analyzed at the stage of considering a bail application.

Repeated Preventive Arrests U/S 107 CrPC After Bail In UAPA Cases Are Fresh Grounds For PSA Detention: J&K&L High Court

Case Title: Jahangir Ahmad Parray v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 202

The Jammu and Kashmir and Ladakh High Court held that repeated preventive arrests of a detenu under Section 107 read with 151 CrPC after his release on bail in Unlawful Activities (Prevention) Act cases constitutes fresh and proximate material for the detaining authority to pass an order of preventive detention under the Public Safety Act, and such grounds cannot be dismissed as stale merely because the original UAPA cases are old.

Courts Cannot Direct Regularisation Of Seasonal Labourers Amid Govt's Blanket Ban On Such Engagements: J&K&L High Court

Case Title: Mohammad Amin Rather And Others v. UT of J&K And Others

Citation: 2026 LiveLaw (JKL) 203

The High Court of Jammu & Kashmir and Ladakh held that judicial review under Article 226 of the Constitution is confined to examining the decision-making process and not the decision itself.

The Court emphasised that courts must refrain from issuing directions for permanent absorption or regularization when there exists a blanket ban on engagements imposed by the Government and over 3,000 seasonal labourers are working under similar conditions, as such a direction would amount to transgressing into the domain of executive policy.

PITNDPS Detention Unsustainable Without Commercial Quantity; Reliance On Pending FIRs Shows Non-Application Of Mind: J&K&L High Court

Case Title: Shagun Chandel (wife of detenu Nisar Ahmad) v. Union Territory of Jammu and Kashmir & Ors.

Citation: 2026 LiveLaw (JKL) 204

The High Court of Jammu & Kashmir and Ladakh held that preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS) cannot be ordered by mechanically relying on pending FIRs in which the detenu has already been granted bail, especially when no commercial quantity of narcotics was recovered from the detenu and there is no allegation of violation of bail conditions.

J&K&L High Court Denies Bail To Man Accused Of Facilitating Safe Movement Of Hizbul Mujahideen Militants To Jammu

Case Title: Syed Irfan Ahmad v. NIA Jammu

Citation: 2026 LiveLaw (JKL) 205

The High Court of Jammu & Kashmir and Ladakh dismissed the bail appeal of an accused alleged to have acted as an intermediary between Hizbul Mujahideen militants and a police officer, facilitating the safe movement of militants from Shopian to Jammu for exfiltration to Pakistan and transferring funds for arms and ammunition, holding that the prima facie material collected during investigation must prevail at the bail stage under the stringent provisions of the Unlawful Activities (Prevention) Act.

AFT Cannot Insist On Certified Court-Martial Copies When Disclosure Barred On Security Grounds: J&K&L High Court

Case Title: Mushtaq Ahmad Malik v. Union of India & Ors.

Citation: 2026 LiveLaw (JKL) 206

The High Court of Jammu & Kashmir and Ladakh held that Rule 147-A of the Army Rules, 1954, which permits the Central Government to deny a certified copy of court-martial proceedings on grounds of security of the State or friendly relations with foreign States, is constitutionally valid and protected by Article 33 of the Constitution of India.

Corrigendum Clarifying Tribunal's Original Order Cannot Create New Cause Of Action: J&K&L High Court

Case Title: Hajira v. J&K Special Tribunal & Ors.

Citation: 2026 LiveLaw (JKL) 207

The High Court of Jammu & Kashmir and Ladakh held that a corrigendum issued by a Tribunal on its own without any formal application, bearing the same date as the main order, does not create a fresh cause of action for a writ petition when it is purely clarificatory in nature and does not effect any substantial modification in the operative portion of the original order.

High Court Refuses To Quash FIR Against Former J&K Bank Executives In IFFCO TOKIO Insurance Deal Case

Case Title: Pushap Kumar Tickoo & Ors. v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 208

The High Court of Jammu & Kashmir and Ladakh dismissed a petition filed by four former senior executives of the Jammu & Kashmir Bank Ltd. seeking quashing of an FIR registered under the Prevention of Corruption Act and Section 120-B RPC in connection with an alleged insurance deal between the Bank and M/S IFFCO TOKIO General Insurance Company Ltd.

J&K&L High Court Grants Bail To Doctor Accused Of Attempting To Commit Rape On Patient During Medical Exam

Case Title: Dr. Abdul Majeed Bhat v. Union Territory of J&K

Citation: 2026 LiveLaw (JKL) 209

The High Court of Jammu & Kashmir and Ladakh granted bail to a doctor accused of attempting to rape a woman who had approached him for treatment, reiterating that in non-bailable offences not attracting the statutory embargo under Section 480 of the Bharatiya Nagrik Suraksha Sanhita, 2023, bail is the rule and jail is the exception.

Similarity Of Grounds With Police Dossier Not Enough To Quash Preventive Detention Unless Non-Application Of Mind Shown: J&K&L High Court

Case Title: Tanveer Ahmad Mir v. Union Territory of J&K and Another

Citation: 2026 LiveLaw (JKL) 210

The High Court of Jammu & Kashmir and Ladakh held that merely because certain factual recitals in the grounds of detention resemble portions of the police dossier, the detention order cannot be quashed unless the Court finds that the detaining authority acted mechanically and failed to independently apply its mind to the material before it.

Failure To Hold Joint Enquiry Under CRPF Rules Does Not By Itself Vitiate Disciplinary Proceedings: J&K&L High Court

Case Title: Rajinder Singh v. Home Secretary to Govt. of India & Ors.

Citation: 2026 LiveLaw (JKL) 211

The Jammu and Kashmir and Ladakh High Court held that Rule 27(d) of the Central Reserve Police Force Rules, 1955, which empowers the disciplinary authority to conduct common proceedings against two or more members of the Force, is merely a directory provision.

Substituting 'State' With 'Union Territory' In Public Safety Act Does Not Alter Nature Of Law: J&K&L High Court

Case Title: Tanveer Ahmad Mir v. UT of J&K

Citation: 2026 LiveLaw (JKL) 212

The High Court of Jammu & Kashmir and Ladakh held that the adaptation of the Jammu & Kashmir Public Safety Act, 1978 after the enactment of the Jammu & Kashmir Reorganisation Act, 2019 was carried out strictly within the statutory authority conferred by Parliament and does not suffer from any constitutional infirmity.

Splitting Single Cause Of Action Into Multiple Criminal Cases Legally Impermissible: J&K&L High Court

Case Title: Vishvendra Singh v. UT of J&K & Anr.

Citation: 2026 LiveLaw (JKL) 213

The High Court of Jammu & Kashmir and Ladakh held that the facts of the same occurrence cannot be allowed to be broken into pieces so as to file multiple complaints, and that all offences arising out of the same occurrence are to be investigated and tried together as per the scheme of criminal law.

Delay Of 502 Days Remained “Unexplained”: J&K&L High Court Rejects Review Plea Against Judicial Officer's Termination

Case Title: Mohammad Yousuf Allie v. High Court of J&K and Ladakh & Anr.

Citation: 2026 LiveLaw (JKL) 214

The High Court of Jammu & Kashmir and Ladakh dismissed an application seeking condonation of 502 days' delay in filing a review petition against a judgment that upheld the termination of a Judicial Officer who had secured appointment as Munsiff (Judicial Magistrate) 1st Class on the basis of a fabricated RBA certificate.

J&K Govt Can Appoint Interim Managing Director Of Cooperative Bank Under Supervisory Powers: High Court

Case Title: Mohammad Latief Dar v. UT of J&K and Others

Citation: 2026 LiveLaw (JKL) 215

The High Court of Jammu & Kashmir and Ladakh held that the Government is vested with supervisory and control powers over a Cooperative Credit Structure Society under Section 32A of the Jammu and Kashmir Cooperative Societies Act, 1989 and, in that capacity, can make an interim arrangement for discharging the functions of the Managing Director.

J&K&L High Court Quashes Preventive Detention Of Man Held Ahead Of Amarnath Yatra, Orders Immediate Release After Yatra Ends

Case Title: Rayees Ahmad Lone v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 216

The Jammu & Kashmir and Ladakh High Court quashed a preventive detention order passed under the Public Safety Act, holding that since the Shri Amarnathji Yatra period for which the detention was purportedly ordered had already concluded, the very reason for keeping the detenue in preventive custody had vanished.

Structure Raised By Purchaser On Migrant Land Cannot By Itself Stall Sale Deed Registration: J&K&L High Court

Case Title: Nazira Begum v. Union Territory of J&K and Others

Citation: 2026 LiveLaw (JKL) 217

The High Court of Jammu & Kashmir and Ladakh held that the existence of a structure raised by the purchaser in good faith on land proposed to be purchased from a migrant owner cannot, by itself, be a ground to indefinitely withhold registration of the sale deed if the structure does not belong to the vendor.

Criminal Law Cannot Be Used To Settle Internal Disputes: J&K&L High Court Quashes FIR Against Ex-Ranji Cricketer

Case Title: Majid Yaqub Dar v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 218

The Jammu & Kashmir and Ladakh High Court quashed an FIR registered against an ex-Ranji Trophy player Majid Dar alleging production of a false date of birth certificate, holding that criminal law cannot be permitted to be used as an instrument of harassment or for settling internal disputes of an institution.

J&K&L High Court Grants Anticipatory Bail To Army Personnel In POCSO Case After Complainant Marries Him, Drops Allegations

Case Title: Rakesh Kumar v. UT of J&K and Another

Citation: 2026 LiveLaw (JKL) 219

The Jammu and Kashmir and Ladakh High Court granted anticipatory bail to an Army personnel accused in a case involving allegations under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, after the prosecutrix stated that she was in a consensual relationship with him, had married him after attaining majority, and did not wish to pursue the case.

Protection Of Life Prevails Over Reproductive Choice: J&KL High Court Declines Termination Of 27-Week Pregnancy Of Minor Rape Survivor

Case Title: Minor Victim “X” Through Her Father v. Union Territory of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 220

The High Court of Jammu & Kashmir and Ladakh declined permission for medical termination of a 27-week pregnancy of a minor rape survivor, holding that preservation and protection of life must take precedence where medical experts warn that termination would expose the victim to life-threatening complications and irreversible health consequences.

UAPA | J&K&L High Court Denies Bail To Baramulla Society Office Bearers Accused Of Promoting Secessionist Ideology Through Donations

Case Title: Imtiyaz Qadir Bhat & Anr. v. Union Territory of J&K

Citation: 2026 LiveLaw (JKL) 221

The Jammu & Kashmir and Ladakh High Court dismissed an appeal against rejection of bail in a case registered under Section 13 of the Unlawful Activities (Prevention) Act, 1967, arising from allegations that a society operating in Baramulla was collecting funds through donation boxes and diverting them for promoting secessionist ideology.

Backdoor Appointments Cannot Be Regularised: J&K&L High Court Dismisses Plea Of Junior Engineers Engaged On 'Hire & Fire' Basis For 9 Years

Case Title: Pir Mohd Ishaq & Ors. v. University of Kashmir & Ors.

Citation: 2026 LiveLaw (JKL) 222

The Jammu & Kashmir and Ladakh High Court dismissed a batch of writ petitions filed by three Junior Engineers who had been engaged by the University of Kashmir on a “Hire and Fire” basis on consolidated wages for over nine years, seeking quashing of a fresh advertisement notification for regular recruitment and directions for regularisation of their services.

Cattle Smuggling Cases Do Not Warrant Preventive Detention: J&K&L High Court

Case Title: Reham Ali v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 223

The Jammu & Kashmir and Ladakh High Court quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978 against a person accused in multiple FIRs relating to transportation of cattle/bovine and offences under the Prevention of Cruelty to Animals Act, 1960.

Public Health Prevails Over Commercial Interests: J&K&L High Court Refuses To Quash Prosecution Against Amul Officials In Unsafe Milk Case

Case Title: S.D. Mevada & Anr. v. Union Territory of Jammu & Kashmir through Food Safety Officer, Block Shopian

Citation: 2026 LiveLaw (JKL) 224

The High Court of Jammu & Kashmir and Ladakh refused to quash criminal proceedings initiated against officials of Banaskantha District Cooperative Milk Producers' Union Ltd. (Amul), holding that the report of a Referral Laboratory declaring a milk sample unsafe overrides an earlier report of the Food Analyst and constitutes sufficient material for prosecution under the Food Safety and Standards Act, 2006.

Substantial Compliance With Display Of Notice Under Land Acquisition Act Sufficient If Regional Language Newspaper Unavailable: J&K&L High Court

Case Title: UT of J&K & Ors. v. Khalid Jehangir Bhat & Ors.

Citation: 2026 LiveLaw (JKL) 225

The Jammu & Kashmir and Ladakh High Court allowed a review petition filed by the Union Territory of J&K, recalling its earlier judgment in terms of which it had quashed land acquisition proceedings initiated for the Islamic University of Science and Technology, Awantipora.

Declaring Person History-Sheeter Must Be Based On Reasonable Belief Due To Objective Material: J&K&L High Court

Case Title: G.M. Sheikh v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 226

The Jammu & Kashmir and Ladakh High Court quashed a history sheet opened against a person and directed removal of his name from Surveillance Register holding that the subjective satisfaction required for declaring a person a history-sheeter must rest upon reasonable belief founded on objective and verifiable material, and that no such satisfaction was recorded in the present case.

J&K&L High Court Quashes Preventive Detention Order Against Teen, Says JJ Act Excludes Preventive Detention Mechanisms Meant For Adults

Case Title: Fariz Gulzar (through father) v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 227

The Jammu & Kashmir and Ladakh High Court quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978 against a juvenile who was 16 years old at the time of the alleged activities, holding that the scheme of the Juvenile Justice (Care and Protection of Children) Act, 2015 excludes the application of punitive or preventive detention mechanisms meant for adults.

UAPA Trials Cannot Linger Endlessly, Day-To-Day Hearing Mandated U/S 19 NIA Act: J&K&L High Court

Case Title: Arif Billa Sheikh v. Union Territory of Jammu & Kashmir

Citation: 2026 LiveLaw (JKL) 228

The High Court of Jammu & Kashmir and Ladakh directed a Special Court to accord priority to a trial arising out of offences under the Unlawful Activities (Prevention) Act, 1967, observing that Parliament, through Section 19 of the National Investigation Agency Act, has specifically mandated day-to-day trials in such cases to ensure that prosecutions involving serious offences do not linger indefinitely.

Bank Can Dismiss Employee Even After Retirement If Departmental Enquiry Began During Service: J&K&L High Court

Case Title: Jammu and Kashmir Bank Ltd. & Ors. v. Naseer Ahmad Sheikh

Citation: 2026 LiveLaw (JKL) 229

The High Court of Jammu & Kashmir and Ladakh held that disciplinary proceedings initiated against a bank employee during service can lawfully continue after his retirement and culminate in an order of dismissal if the governing service regulations so permit.

Appointment Of Commissioner Is Neither Adjudication Of Title Nor Determination Of Possession, But Mere Procedural Aid: J&K&L High Court

Case Title: Bashir Ahmad Akhoon & Anr. v. Ghulam Ahmad Malik

Citation: 2026 LiveLaw (JKL) 230

The High Court of Jammu & Kashmir and Ladakh held that the appointment of a Commissioner does not amount to adjudication of title or determination of possession and is merely a procedural mechanism intended to assist the court in resolving disputed factual issues.

Motherhood Cannot Become Grounds For Economic Disadvantage: J&K&L High Court Upholds Maternity Leave Period As Continuous Service

Case Title: Jammu & Kashmir Bank Ltd. & Ors. v. Tanu Gupta & Ors.

Citation: 2026 LiveLaw (JKL) 231

The Jammu & Kashmir and Ladakh High Court dismissed intra-court appeals filed by the Jammu & Kashmir Bank Ltd. against a single bench judgment directing the Bank to treat maternity leave period as continuous service for regularisation of female Banking Associates.

POCSO Case Can't Be Closed Merely Because DNA Excludes Accused As Child's Father: J&K&L High Court Orders SIT Probe

Case Title: Pawan Kumar @Raja v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 232

The Jammu & Kashmir and Ladakh High Court refused to quash an FIR registered under the Protection of Children from Sexual Offences (POCSO) Act against a petitioner, even though a DNA report excluded him as the biological father of the child born to the minor victim.

Omission Of S.19(3) Of Agrarian Reforms Act Revived Civil Court Jurisdiction Over Possession-Based Injunction Suits: J&K&L High Court

Case Title: Sohan Singh & Ors. v. Chuni Lal

Citation: 2026 LiveLaw (JKL) 233

The High Court of Jammu & Kashmir and Ladakh held that a civil suit seeking permanent prohibitory injunction to protect possession over land remains maintainable before a civil court notwithstanding the provisions of the Jammu & Kashmir Agrarian Reforms Act, 1976, observing that the omission of Section 19(3) from the statute has substantially altered the legal position governing jurisdictional objections in such matters.

NDPS Act | Section 52A Lapses Alone Cannot Vitiate Prosecution Or Render Evidence Inadmissible: J&K&L High Court

Case Title: Rameez Ahmed v. Union of India through Intelligence Officer, Narcotic Control Bureau, Jammu

Citation: 2026 LiveLaw (JKL) 234

The High Court of Jammu & Kashmir and Ladakh held that infractions relating to Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot, by themselves, nullify a prosecution under the NDPS Act, observing that the provision is intended primarily for safe disposal of seized narcotic substances and that procedural lapses must be assessed in the context of the overall evidence available on record.

Selected Candidate's Removal Over Fake Certificate Won't Revive Waiting List: J&K&L High Court

Case Title: Bisma Bashir v. UT of J&K & Ors.

Citation: 2026 LiveLaw (JKL) 235

The Jammu & Kashmir and Ladakh High Court dismissed a writ petition seeking direction to operate the waiting list for the post of Messieurs (female) after the initially selected candidate was disengaged on account of her 12th pass qualification certificate being found to have been issued by an unrecognized institution.

Alleged Role In Enforcing 2015 Kashmir Bandh Too Remote To Justify 2022 Preventive Detention: J&K&L High Court

Case Title: Umar Nazir Bhat v. UT of J&K and Others

Citation: 2026 LiveLaw (JKL) 236

The Jammu & Kashmir and Ladakh High Court held that allegations relating to a person's involvement in enforcing hartal and bandh calls in Kashmir cannot justify preventive detention years later in the absence of any proximate material linking such activities to the detention order.