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...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up May 4 - May 10, 2026

Nominal Index:Inhabitants of Block Harwan v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 186Abdul Rashid Kohli v. Union Territory of Jammu & Kashmir 2026 LiveLaw (JKL) 187Tabassum Qadir Parray & Ors. v. High Court of Jammu and Kashmir & Anr 2026 LiveLaw (JKL) 189Farooq Ahmad v. Habib Ul-Ilah Bhat & Ors 2026 LiveLaw (JKL) 190Ali Mohd. Dar v. State of J&K &...

Age No Ground For Leniency When Activities Pose Threat: J&K&L HC Upholds Detention Of 18-Yr-Old Over Alleged Involvement In Terror Attack

The Jammu & Kashmir and Ladakh High Court has dismissed a habeas corpus petition filed by an 18-year-old detenue held under the J&K Public Safety Act, 1978, holding that his age cannot be treated as a ground for leniency when his alleged activities pose a potential risk to the security of the Union Territory.The petitioner was allegedly involved in the terror attack on the famous...

Lawful Lessees Cannot Be Treated As Unauthorized Occupants Merely Because Roshni Act Was Struck Down: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has set aside a writ court order that had dismissed the petitions of two leaseholders on grounds of suppression of facts and abuse of process, directing the respondents to confer proprietary rights upon them under the Government Order of 1981.The Court held that the appellants, who were lawful lessees in continuous permissive possession under...

Disclosure Statement Of Co-Accused Alone Insufficient To Deny Bail Under UAPA: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967, holding that where the only material against the appellant is in the form of a disclosure statement made by a co-accused, the appellant has successfully crossed the hurdle of Section 43-D(5) of the Act.The Court further observed that prolonged incarceration...

J&K CSR | Employee On Deputation Can Choose Either Deputation Post Pay Or Parent Cadre Pay: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an employee appointed on deputation is entitled to elect to draw either the pay in the scale of the deputation post or the basic pay in the pay scale of the parent cadre plus personal pay, if any.The Court further held that the borrowing agency is enjoined to obtain such option from the employee within one month from the date of...