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 than through enforcing rights.Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ...

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 the evidence but merely assess whether the material collected during the investigation, if left...

[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 Act. Delivering the judgement on the matter, Justice Oswal emphasised that “this court is of the considered view...

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 years without his trial being concluded a bench of Justice Rajnesh Oswal observed, “While considering the...

[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 RPC states that making a good faith accusation against someone to a person with lawful authority over them is...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: September 2 - September 8, 2024

Nominal Index [Citations 248 - 252]:Mst Shameema Begum Vs Javid Iqbal Khan 2024 LiveLaw (JKL) 248Showkat Ahmad Rather Vs State of J&K 2024 LiveLaw (JKL) 249Kishore Kumar Vs Ishar Das 2024 LiveLaw (JKL) 250Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K 2024 LiveLaw (JKL) 251Showkat Ahmad Vs State of J&K 2024 LiveLaw (JKL) 252Judgments/Orders:DV Act | No Need...

Jammu & Kashmir High Court To Examine Whether Govt Servants Can Stand For Assembly Elections Without Resigning

The Jammu and Kashmir and Ladakh High Court will delve into the constitutionality of whether government servants are prohibited from engaging in electoral politics.This comes in light of a challenge to Rule 14 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, which restricts government employees from participating in politics.Petitioner Zahoor Ahmad Bhat, a senior lecturer in the School Education Department, has petitioned the court seeking its intervention to allow him to...

High Court Issues Fresh Guidelines To Tackle Pendency Of Cases In Jammu & Kashmir And Ladakh

Aiming to address the long-standing issue of case backlogs, the High Court of Jammu & Kashmir and Ladakh has issued new guidelines to accelerate the disposal of cases that have been pending for over five years.The circular, issued to this effect introduces the formation of 'District Case Management Committees' as part of a broader strategy to curb delays in the district judiciary across the Union Territories of Jammu & Kashmir and Ladakh.The initiative builds upon the Action Plan laid...

Preventive Detention Can Be Ordered Irrespective Of Ongoing Or Concluded Criminal Proceedings: J&K High Court

Upholding the validity of a preventive detention order the Jammu and Kashmir and Ladakh High Court has reaffirmed that preventive detention can be ordered irrespective of ongoing or concluded criminal proceedings.The court emphasized that such detention may occur “before, during, or after prosecution, with or without prosecution, and even after discharge or acquittal,” making it clear that preventive detention serves a distinct purpose from punitive measures in criminal law.Clarifying the...

S.113A Evidence Act | Wife's Suicide Within Seven Years Of Marriage Doesn't Automatically Trigger Presumption Of Abetment Against Husband: J&K HC

The High Court of Jammu and Kashmir and Ladakh has held that the mere fact that a woman commits suicide within seven years of her marriage does not automatically invoke the presumption under Section 113-A of the Evidence Act. Section 113A of the Indian Evidence Act of 1872 deals with the presumption of suicide abetment by a husband or relative of a married woman.The Court emphasized that such a presumption may only be raised when it is shown that the husband or a relative of the husband had...

J&K High Court Takes Exception To 'The Hindu' Newspaper's Report On Judge's Leave

The Jammu & Kashmir and Ladakh High Court has taken note of a media report published by The Hindu and circulated on social media regarding the leave taken by a judge, and referred the matter to the Chief Justice (Acting) for consideration of criminal contempt proceedings.The report, published in The Hindu, had suggested that National Investigation Agency (NIA) and Habeas Corpus matters were reassigned from the bench led by Justice Atul Sreedharan due to an “unprecedented change” in the...