"Personal Liberty Not A Plaything For District Police And District Magistracy": J&K&L High Court Quashes Preventive Detention

In a strongly worded judgment reaffirming the constitutional primacy of personal liberty, the High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978, holding that preventive detention cannot be founded upon a police dossier bereft of recent factual material and mechanically reproduced by the...

Vehicle Cannot Be Kept In Police Custody Throughout NDPS Trial Merely Because It May Be Confiscated: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the mere fact that a vehicle is liable to confiscation under the Narcotic Drugs and Psychotropic Substances Act, 1985, does not justify its continued detention in police custody during the pendency of the trial.The Court observed that confiscation is a matter to be decided only at the conclusion of the trial after affording the owner...

Govt Cannot Keep Disaster Restoration Workers Waiting Indefinitely For Admitted Dues Over Inter-Departmental Delays: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the State cannot indefinitely withhold payment of admitted dues to persons who executed restoration works during a natural disaster merely because of pending inter-departmental formalities or non-release of funds under the State Disaster Response Fund (SDRF).Observing that citizens who respond to the Government's call for restoration...

J&K&L High Court Declines To Fix 45-Day Timeline For Disposal Of RTI Appeals, Directs CIC To Improve Mechanism For Clearing Pendency

The Jammu & Kashmir and Ladakh High Court has declined to issue a writ of mandamus directing the Central Information Commission (CIC) to decide second appeals arising from the Union Territory of Jammu & Kashmir within a fixed period of 45 days, holding that the Right to Information Act, 2005 does not prescribe any statutory timeline for disposal of such appeals.The Court,...

Mere Pendency Of Criminal Cases Does Not Bar Preventive Detention If Material Indicates Threat To Public Order: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that merely because a person is facing prosecution in several criminal cases does not denude the competent authority of its power to invoke preventive detention under the Jammu and Kashmir Public Safety Act, 1978.The Court observed that preventive detention is a preventive, and not punitive, measure, and can validly be resorted to where...

J&K&L High Court Orders Survey Of Hotels, Coaching Centres & Commercial Establishments For Building & Fire Safety Violations

The Jammu & Kashmir and Ladakh High Court has directed the Jammu Municipal Corporation (JMC) to undertake a comprehensive survey of all hotels, commercial establishments, coaching institutes and other public buildings within its jurisdiction to identify violations relating to sanctioned building plans, mandatory parking facilities, fire safety clearances and other statutory...

One-Time Settlement Does Not Wipe Out Criminal Liability: J&K&L High Court Refuses To Quash ₹289 Crore Bank Loan Fraud Case

The Jammu & Kashmir and Ladakh High Court has refused to quash criminal proceedings against Ambience Group promoter Raj Singh Gehlot, his family members, associated companies and other accused in the alleged ₹289.28-crore Jammu & Kashmir Bank loan fraud.The court observed that where investigation prima facie reveals fraudulent procurement and diversion of loan funds, the existence...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 22 - June 28, 2026

Nominal Index:Mohammad Iqbal Wani v. UT of J&K & Anr 2026 LiveLaw (JKL) 279Nazir Ahmad Mir & Ors. v. Ishfaq Ahmad Mir & Ors 2026 LiveLaw (JKL) 280Union Territory of J&K v. Parvaiz Ahmed Ganie 2026 LiveLaw (JKL) 281Mohd. Kabir v. Union Territory of J&K & Ors 2026 LiveLaw (JKL) 282Kanchan Devi v. Amit Sharma 2026 LiveLaw (JKL) 283Atiqa Begum & Ors. v. Union...

J&K CSR | Borrowing Organisation Must Release Leave Salary To Deputationist Before Seeking Reimbursement From Parent Department: High Court

The High Court of Jammu & Kashmir and Ladakh has held that where an employee serves on deputation with a corporation, company or autonomous body, the borrowing organisation is required to assess and release the leave salary due to the employee and can thereafter seek reimbursement from the parent department in accordance with the Jammu & Kashmir Civil Service Regulations (CSR).The...

Trial Court Cannot Mechanically Halt NDPS Trial Because Supplementary Complaint Against Co-Accused Is Pending: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a trial court cannot mechanically defer the conclusion of an NDPS trial merely because a supplementary complaint has subsequently been filed against a co-accused.The Court observed that where the prosecution evidence against an accused has already concluded, the trial court must independently determine whether the accused should be...

Mere Assertion Of Title Dispute During Acquisition Doesn't Mandate Civil Court Reference Under National Highways Act: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a reference to the Principal Civil Court under Section 3H(4) of the National Highways Act, 1956, is not mandatory merely because a third party raises a dispute regarding title to acquired land.The Court held that such a reference can be made only when there exists a genuine and legally cognizable dispute regarding entitlement...

Matrimonial Courts Must Attempt Reconciliation Before Adjudication; Routine Procedure Not Applicable In Divorce Petitions: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has observed that courts dealing with matrimonial petitions under the Hindu Marriage Act, 1955 are required to undertake a reconciliation exercise at the first instance as mandated under Section 23(2) of the Act and in the spirit of Order 32-A of the Code of Civil Procedure, 1908, and cannot proceed to insist upon filing of replies/objections...