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

The High Court of Jammu & Kashmir and Ladakh has 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.However, the Court set aside the order of...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

J&K&L High Court Constitutes Ad-Hoc Managing Body For Registration Of Judicial Officers Association

The High Court of Jammu & Kashmir and Ladakh has constituted an ad-hoc managing body to oversee the registration and transitional functioning of the Jammu & Kashmir and Ladakh Judicial Officers Association.The order issued by the Office of the Registrar General on Thursday, follows previous High Court orders on the subject and the ad-hoc managing body comprises the following...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

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

The Jammu and Kashmir and Ladakh High Court has 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...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

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

The High Court of Jammu & Kashmir and Ladakh has 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.The Court observed that exclusion of the suspension period from regular service would...

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

The High Court of Jammu & Kashmir and Ladakh has 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.The Court was hearing a review petition filed seeking review of an order passed by a learned Single...

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

The High Court of Jammu & Kashmir and Ladakh has 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...

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

The Jammu & Kashmir and Ladakh High Court has 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...