Delay In Executing Preventive Detention Order On Unsubstantiated Medical Grounds Renders Detention Unsustainable: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a preventive detention order cannot be sustained where the respondents fail to substantiate the medical grounds relied upon to justify non-execution of the detention warrant, and where there is unexplained delay in its execution.The Court observed that such lapses cast serious doubt on the subjective satisfaction of the...

Preventive Detention During Ongoing Proceedings U/S 129 BNSS Must Meet Strict Legal Standards To Be Lawful: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that though preventive detention under the Public Safety Act can be invoked even when proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are ongoing, such detention must satisfy strict legal standards, failing which it would be rendered unlawful.The Court emphasised that the existence of parallel...

J&K&L High Court Quashes Preventive Detention Of AAP MLA Mehraj Malik, Says No Apprehension Of Him Acting Against Public Order

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention of Mehraj Din Malik, a Member of Legislative Assembly from Doda East, holding that the invocation of the Public Safety Act, 1978 (PSA) was based on allegations that at best amounted to 'law and order' issues and did not satisfy the threshold of 'public order'.The Court ruled that the detaining authority failed...

Jammu & Kashmir And Ladakh High Court Weekly Roundup April 20 - April 26, 2026

Nominal Index:M/s Sports Goods Industry v. State of J&K and Others 2026 LiveLaw (JKL) 157Pushpa Devi & Ors. v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 158Manga Ram v. Union Territory of J&K 2026 LiveLaw (JKL) 159Maqsad Ali Kohli v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 160Harsh Dev Singh Vs UT of J&K & Ors 2026 LiveLaw (JKL) 161Nargees...

J&K&L HC Quashes Supplementary Chargesheet Adding POCSV Charges After 5 Yrs; Says Further Probe Can't Convert 'Attempt' Into 'Completed Act'

The Jammu & Kashmir and Ladakh High Court has quashed a supplementary chargesheet that introduced offences under the Protection of Children from Sexual Violence Ordinance, 2018 (POCSV) after a lapse of five years, holding that the power of further investigation cannot be used to fundamentally alter the nature of the prosecution case from an "attempt" to a "completed act" based solely on...

Unexplained Delay In Recording Eye-Witness Statements Renders Testimony Suspect: J&K&L High Court Acquits Three In Murder Case

The Jammu & Kashmir and Ladakh High Court has held that the conviction of co-accused cannot be sustained merely on account of their association with the principal accused, especially when the testimony of alleged eye-witnesses suffers from unexplained delay in recording, material contradictions with medical evidence, and the witnesses themselves admit that the principal witness was...

J&K&L High Court Upholds Posthumous Regularisation Of Employee Who Served 21 Years, Says Accrued Rights Cannot Be Defeated By Repeal Of Law

The Jammu & Kashmir and Ladakh High Court has held that a right accrued to a deceased employee cannot be taken away retrospectively, and the repeal of an Act or Rule cannot be applied to defeat a right that had crystallized under the repealed Act, more so when such action amounts to violation of Articles 14 and 16 of the Constitution of India.The Court was hearing a writ petition filed by...

Jammu & Kashmir And Ladakh High Court Quarterly Digest January 2026 - March 2026

Nominal Index:Saleema & Ors Vs UT Of J&K 2026 LiveLaw (JKL) 1STATE OF J & K vs NAZIR AHMAD BHAT AND OTHERS 2026 LiveLaw (JKL) 2State of Jammu and Kashmir vs Ahsan-ul-Haq Khan 2026 LiveLaw (JKL) 3Lt. Col. Daljit Singh Dogra vs State of J&K 2026 LiveLaw (JKL) 4Bharat Oil Traders Vs Assistant Commissioner & anr 2026 LiveLaw (JKL) 5Rishi Kumar vs Chenab Valley Power Projects...

Recruitment Process Cannot Be Scrapped Solely Over Non-Issuance Of EOI While Engaging Exam-Conducting Agency: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a recruitment process cannot be scrapped solely on the ground of non-issuance of a Request for Proposal (RFP) or Expression of Interest (EOI) in the engagement of an examination-conducting agency, particularly when the process has reached an advanced stage, and no irregularity is alleged in the conduct of the examination.The...

J&K&L High Court Upholds Detention Of Alleged OGW, Says Contact With Pakistani Terror Handler Shows Continuing Threat

The High Court of Jammu & Kashmir and Ladakh has upheld a preventive detention order under the Public Safety Act, 1978, holding that continued involvement of the detenue as an Over Ground Worker (OGW) for terrorist outfits, including The Resistance Front (TRF), coupled with communication with a Pakistani handler through Dark Web applications, demonstrates a sustained threat to the security...

Judicial Grace In Addressing Bar Is Non-Negotiable; Courts Must Moderate Tone & Temper, Especially With Senior Advocates: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has reminded trial courts that the propriety of judicial conduct and temper in addressing the Bar is a non-negotiable aspect of judicial grace, particularly when senior advocates with long-standing experience and due sense of responsibility are representing litigants. The Court observed that a court is supposed to moderate its tone and tenor...

“Writ Jurisdiction Cannot Be Permitted To Be Abused”: J&K&L High Court Imposes ₹50K Cost For Suppression Of Material Facts

The Jammu & Kashmir and Ladakh High Court has dismissed a writ petition under Article 227 of the Constitution with costs of ₹50,000, holding that the petitioners had approached the Court with tainted hands by suppressing material facts, including the fact that the trial court had already stayed the execution of the impugned order at their own instance. The Court reiterated that the...