Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Nominal Index:Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw (JKL) 253Raman Kumar Vs UT of J&K 2024 LiveLaw (JKL) 254Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw (JKL) 255Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw (JKL) 256Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw (JKL) 257State through P/S Pulwama Vs Nazir Ahmad Rather 2024 LiveLaw (JKL) 258 Aqib Ahmad Renzu Vs UT of J&K 2024 LiveLaw (JKL)...

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation (SMC) Corporator Aqib Ahmad Renzu.The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. The court further emphasized that preventive detention laws cannot be used as a substitute for handling cases under regular criminal law.In allowing the plea of Renzu against his...

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 has ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute.The court emphasised that the prosecution must first establish a prima facie case against the accused before the burden shifts to the defense.“Section 54 of the Act provides for a reversal burden of proof upon accused,...

J&K High Court Disciplinary Committee Upholds Maintainability Of Complaint Against Ex-Bar Association President Mian Qayoom, Others

The Disciplinary Committee of the Jammu and Kashmir and Ladakh High Court, comprising Justices Rajnesh Oswal, Sanjay Dhar, and Rahul Bharti, has upheld the maintainability of a complaint against three prominent advocates—former Bar Association President Mian Abdul Qayoom, Nazir Ahmad Ronga, and Ghulam Nabi Thoker alias Shaheen.In dismissing the preliminary objections raised by the advocates against the proceedings and the competence of the Disciplinary Committee to hear the complaint, the...

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...