Inquiry Officer Acting As Prosecutor, Denying Cross-Examination Vitiates Departmental Proceedings: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that while there is no legal requirement to appoint a Presenting Officer in every departmental enquiry, the proceedings are vitiated if the Inquiry Officer assumes the role of a prosecutor, denies the delinquent employee the right to cross-examine witnesses, and creates a reasonable apprehension of bias.The bench of Justice Sanjay...

Pre-Arrest Bail Not Barred Under SC/ST Act If Prima Facie Ingredients Of Offence Are Not Disclosed: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the bar against anticipatory bail under Sections 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not absolute. If a prima facie reading of the FIR or complaint does not disclose the essential ingredients constituting an offence under the Act, courts can grant pre-arrest bail.The Court...

“Long Incarceration Tilts Balance In Favour Of Liberty”: J&K&L High Court Grants Bail To Accused In Murder Case After 9 Years Custody

The High Court of Jammu & Kashmir and Ladakh has granted bail to a murder accused who had remained in custody for over nine years, holding that prolonged incarceration, when weighed against the fundamental right to liberty under Article 21 of the Constitution, tilts the balance in favour of release.The Court was hearing a bail application filed under Section 483 of the Bharatiya...

Mere Abuse Or Uttering Caste Name Not Offence Under SC/ST Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that for an offence under Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to be made out, it is not sufficient that the accused merely abuses a member of a Scheduled Caste or Scheduled Tribe or merely utters a caste name. The Court clarified that the essential requirement is that the...

'Cannot Enjoy Immunity Due To Stature': J&K&L High Court Declines To Quash FIR U/S 528 BNS Against Sufi Singer Over Parking Dispute

The Jammu & Kashmir and Ladakh High Court has dismissed a petition seeking quashing of an FIR registered against a group of accused, including a reputed Sufi singer in a parking dispute, observing that the investigation had been unnecessarily delayed due to the petitioners misreading an interim order as granting them absolute immunity from the course of law.The accused were alleged to...

Second FIR Maintainable When It Uncovers Wider Conspiracy; 'Test Of Sameness' Is Decisive: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a second FIR is not barred in law where it relates to a distinct and wider conspiracy, even if it is connected to an earlier incident, reiterating that the governing principle is the “test of sameness.”The Court was hearing petitions challenging an order of the trial court framing charges in a case arising out of an FIR, where...

Compensation Dispute Under National Highways Act Need Not Be Referred To Civil Court If Competent Authority Can Decide: J&K&L High Court

The Jammu & Kashmir High Court held that not every dispute relating to compensation under the National Highways Act, 1956 is required to be referred to a civil court, clarifying that only such disputes which the competent authority is unable to decide without adjudication fall within the ambit of reference under Section 3H(4) of the Act.A bench of Justice Moksha Khajuria Kazmi observed...

J&K&L High Court Grants Interim Protection To Lawyers Facing PSA Detention Over FIR In Alleged Assault At Srinagar District Court

The High Court of Jammu & Kashmir and Ladakh has directed the authorities not to detain a group of lawyers under the Public Safety Act in connection with an FIR registered against them, without prior permission of the Court, after the State submitted that it had no intention to detain them on the basis of the said FIR.Justice Moksha Khajuria Kazmi passed the order in a habeas corpus...

Authorities Cannot Evict Tenants By Declaring Building 'Unsafe' In Order To Bypass Due Process: J&K&L High Court

The Jammu & Kashmir High Court held that authorities cannot adopt indirect methods, such as declaring a building unsafe, to evict tenants, emphasizing that lawful procedures like filing a civil suit for ejectment cannot be bypassed through administrative manoeuvres.A bench of Justice Wasim Sadiq Nargal held that a “different mechanism” cannot be adopted to achieve a “nefarious...

Disengagement Of Daily Wagers By PSU Due To Closure Or Financial Constraints Not Arbitrary Under Article 14: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that the disengagement of daily rated workers by a public sector undertaking, compelled by the closure of its operations and acute financial constraints, does not violate Article 14 of the Constitution.The Court was hearing a Letters Patent Appeal challenging the judgment of the learned Single Judge dismissing a writ...

Preliminary Enquiry Evidence Cannot Form Basis Of Departmental Findings Without Cross-Examination: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed the dismissal order passed against an employee of the Jammu & Kashmir Housing Board, holding that the disciplinary proceedings were vitiated as the Inquiry Officer relied upon statements recorded during a preliminary enquiry without providing the delinquent employee an opportunity to cross-examine the witnesses.The Court...

Disciplinary Authority Cannot Reject Medical Records Without Ascertaining Authenticity Before Dismissing Delinquent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that neither the Court nor disciplinary authorities can refuse to consider medical records produced by an employee without first ascertaining their veracity, and that failure to do so vitiates disciplinary proceedings.The Court was hearing a writ petition challenging the petitioner's removal from service in the Central...