Jammu & Kashmir And Ladakh High Court Weekly Roundup February 2 - February 8, 2026

Mohd. Ashraf Dar vs UT of J&K 2026 LiveLaw (JKL) 33

Malika Vs UT Of J&K 2026 LiveLaw (JKL) 34

UT Of J&K Vs Gulzar Ahmad Khan 2026 LiveLaw (JKL) 35

New Convent High School Vs Union of India 2026 LiveLaw (JKL) 36

Huzaif Ahmad Dar Vs UT Of J&K 2026 LiveLaw (JKL) 37

Mushtaq Ahmad Bakshi 2026 LiveLaw (JKL) 38

State Of J&K Vs Dhanwanter Singh and ors 2026 LiveLaw (JKL) 39

Judgments/Orders:

FIR Against Investigating Officer Cannot Dilute Material Against Accused: J&K&L High Court Rejects Anticipatory Bail In NDPS Case

Case-Title: Mohd. Ashraf Dar vs UT of J&K

Citation: 2026 LiveLaw (JKL) 33

The Jammu & Kashmir and Ladakh High Court held that the registration of an FIR against the Investigating Officer for alleged misconduct does not automatically weaken or nullify the material collected against an accused in a criminal case, and cannot by itself be a ground to grant anticipatory bail, particularly in cases involving commercial quantity under the NDPS Act.

Teacher Selection By Private Unaided Schools Is A Matter Of Private Contract, Not Enforceable Through Writ Jurisdiction: J&K&L High Court

Case Title: Malika Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 34

The High Court of Jammu & Kashmir and Ladakh held that the selection of teachers by a private unaided school culminates in a contract of service governed by private law, and that the rights claimed by candidates participating in such selection processes are purely private rights, which cannot be enforced through a writ petition under Article 226 of the Constitution.

After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits

Case Title: UT Of J&K Vs Gulzar Ahmad Khan

Citation: 2026 LiveLaw (JKL) 35

Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.

Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court

Case Title: New Convent High School Vs Union of India

Citation: 2026 LiveLaw (JKL) 36

Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has clarified the constitutional position of private unaided educational institutions in the contemporary education system.

Once Cessation Of Threat Is Admitted By Detaining Authority, Preventive Detention Becomes Arbitrary: J&K&L High Court

Case Title: Huzaif Ahmad Dar Vs UT Of J&K

Citation: 2026 LiveLaw (JKL) 37

Emphasising a cardinal constitutional safeguard, the Jammu and Kashmir and Ladakh High Court reiterated that without a current or proximate threat to security, preventive detention becomes arbitrary and legally unsustainable.

Roshni Act Being Declared Unconstitutional Does Not Nullify Cases Under Prevention Of Corruption Act: J&K&L High Court

Case Title: Mushtaq Ahmad Bakshi

Citation: 2026 LiveLaw (JKL) 38

The Jammu and Kashmir and Ladakh High Court ruled that criminal prosecutions launched in connection with irregularities under the Roshni Act can lawfully continue even though the Act itself has been declared unconstitutional and void from its inception.

Public Prosecutor Has No Independent Authority To Seek Police Remand Without Police's Request: J&K&L High Court

Case Title: State Of J&K Vs Dhanwanter Singh and ors.

Citation: 2026 LiveLaw (JKL) 39

Holding that a Public Prosecutor has no independent authority to seek police remand under Section 167 CrPC unless such a request emanates from the Investigating Agency, the High Court of Jammu & Kashmir and Ladakh ruled that police custody must be rooted in investigative necessity expressed by the police and not prosecutorial discretion.