Preventive Detention Under PITNDPS Act Valid Only If Activities Fall Within Statutory Definition Of 'Illicit Traffic': J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS) can be ordered only when the activities of a detenue fall within the statutory definition of “illicit traffic”.The Court held that a person cannot be preventively detained under Section 3 of the Prevention...

“Appalled” That PIL On Illegal Constructions In Patnitop Has Lingered For Nearly A Decade; J&K&L High Court Directs CEO To Join Proceedings

Expressing serious concern over the prolonged pendency of a public interest litigation relating to alleged illegal constructions in the tourist destination of Patnitop, the High Court of Jammu & Kashmir and Ladakh observed that it was “appalled that even though the matter is pending for nearly a decade, but the same is not being pursued in the right earnest,” and consequently directed...

Appointment To Higher Post On Compassionate Grounds Not Matter Of Right, Purely Discretionary Power: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that appointment to a higher post on compassionate grounds cannot be claimed as a matter of right and that the power to grant such appointment lies exclusively with the Government and is purely discretionary.The Court observed that while the rules permit the Government in the General Administration Department to appoint a dependent of...

J&K&L High Court Orders Probe Against JMC Officials For Ignoring Court-Mandated Structural Report; Says Compensation To Be Levied From Salaries

The High Court of Jammu and Kashmir and Ladakh has directed the Chief Secretary of Jammu & Kashmir to conduct a probe into the role of officials of the Jammu Municipal Corporation after finding that a fresh structural safety audit was ordered despite an earlier engineering report obtained pursuant to court directions declaring the premises safe. Holding that such conduct amounted to...

'Procurement Not By Fair Means': J&K&L High Court Flags Practise Of Filing Uncertified Photostat Copies As Annexures

The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over the growing practice of filing uncertified photostat copies of court records as annexures in petitions, observing that such a practice points towards an improper and impermissible mode of procurement of judicial records.A bench of Justice Rahul Bharti made these observations while hearing a plea wherein the...

'Cause Of Action' Cannot Be Read Liberally To Choose Convenient Forum; Encourages Forum Shopping: J&K&L High Court

Holding that territorial jurisdiction is a matter of law rooted in the essential facts of a dispute and not a mobile privilege dependent upon a litigant's convenience, the High Court of Jammu & Kashmir and Ladakh has ruled that the expression “cause of action” cannot be interpreted liberally to allow parties to indulge in forum shopping. A bench comprising Justice Wasim Sadiq...

Jammu & Kashmir And Ladakh High Court Monthly Digest: February 2026

Nominal Index:Mohd. Ashraf Dar vs UT of J&K 2026 LiveLaw (JKL) 33Malika Vs UT Of J&K 2026 LiveLaw (JKL) 34UT Of J&K Vs Gulzar Ahmad Khan 2026 LiveLaw (JKL) 35New Convent High School Vs Union of India 2026 LiveLaw (JKL) 36Huzaif Ahmad Dar Vs UT Of J&K 2026 LiveLaw (JKL) 37Mushtaq Ahmad Bakshi 2026 LiveLaw (JKL) 38State Of J&K Vs Dhanwanter Singh and ors 2026 LiveLaw...

Jammu & Kashmir And Ladakh High Court Weekly Roundup February 22 - March 1, 2026

Nominal Index:Mazeed Ali Vs UT Of J&K 2026 LiveLaw (JKL) 62Joginder Singh & Anr Vs UT of J&K & Ors 2026 LiveLaw (JKL) 63Altaf Hussain & Anr. Vs Union of India & Ors 2026 LiveLaw (JKL) 64Mumtaz Ahmad Vs Collector Land Acquisition Rajouri 2026 LiveLaw (JKL) 65Shabnam Akhter vs UT of J&K 2026 LiveLaw (JKL) 66The Oriental Insurance Company Ltd. Vs Prem Gupta & Ors...

Arms Licenses Scam | J&K&L High Court Directs MHA To File Fresh Affidavit On Sanction To Prosecute 8 IAS Officers

Expressing concern over the prolonged pendency of a public interest litigation relating to the infamous Arms Licenses Scam, the High Court of Jammu & Kashmir and Ladakh has directed the Ministry of Home Affairs (MHA) to file a fresh affidavit indicating the progress made in taking a decision on the CBI's proposal seeking sanction to prosecute eight IAS officers.“.. We are constrained...

"Preventive Detention Law Invoked With Less Seriousness Than Traffic Challan": J&K&L High Court Orders Release Of Man

In a strong indictment of executive overreach, the Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir Public Safety Act, 1978 was invoked against a young man “by non-seriousness of standard with which even a motorist is not subjected to a routine traffic challan,” quashing his preventive detention as illegal from its very inception.Delivering the judgment...

Accepting Alternative Cadre Promotion Without Protest; Can't Challenge Juniors' Elevation In Parent Cadre : J&K HC

A Division Bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that an employee who accepts promotion to a different cadre without challenging the promotions of his juniors in a parallel cadre, when the employer had relaxed the qualifications for others based on seniority, cannot subsequently seek retrospective parity...

“What Is Casual For Srinagar DM Is Causality To Fundamental Rights”: J&K&L High Court Quashes Arbitrary Detention, Orders Immediate Release

In a scathing indictment of administrative casualness in preventive detention matters, the Jammu and Kashmir and Ladakh High Court has quashed a detention order passed under the Public Safety Act, observing that “what is a casual for the District Magistrate Srinagar is a causality to the fundamental right of the personal liberty of the petitioner.”Justice Rahul Bharti, while allowing...