Jammu & Kashmir And Ladakh High Court Weekly Roundup: 31 July - 6 August, 2023

Nominal Index:Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204State Of J&K Vs Shailender Singh 2023 LiveLaw (JKL) 205Bijay Oraon Vs Union Of India 2023 LiveLaw (JKL) 206Zahoor Ahmad Wani Vs UT of J&K 2023 LiveLaw (JKL) 207Abdul Rashid Bhat Vs Finanacial Commissioner 2023 LiveLaw (JKL) 208Judgments/Orders:J&K High Court Refuses To Implement Human Rights Commission's Recommendation To Compensate Father Of Youth Killed By Security AgenciesCase Title: Ghulam Rasool Sofi Vs State Of J&kCitation: 2023 LiveLaw (JKL) 199The Jammu and Kashmir & Ladakh High Court refused to implement the recommendation made by State Human Rights Commission to compensate the father of a youth killed by Indian Securities Agencies.Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention OrderCase Title: Mohammad Younis Mir Vs Union Territory of J&K & Anr.Citation: 2023 LiveLaw (JKL) 200The Jammu and Kashmir High Court emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person.“The courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide this, evidence may have to be taken by the courts and that it is not the policy of the law of preventive detention. This matter lies within the competence of the advisory board. Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires”, Justice M A Chowdhary observed.Jammu & Kashmir High Court Quashes Order Repatriating Employee To Parent Department After 21 YrsCase Title: Ravinder Kumar Vs State of J&KCitation: 2023 LiveLaw (JKL) 201Shedding light on the law related to the timeframe for repatriating an employee to his parent department after his deputation, the Jammu & Kashmir High Court ruled that an employee, who has been permanently absorbed into a borrowing department/organization and whose lien has been terminated in their parent organization cannot be repatriated to their parent organization.“Once the petitioner who has been sent on deputation is absorbed in the borrowing department/organization and his lien in the parent department stood terminated, his repatriation, subsequently, after 21 years by virtue of order impugned is dehors the service rules and is illegal”, observed Justice Wasim Sadiq Nargal."Fundamentalist Muslim Cannot Be Equated With An Extremist Or A Separatist": Jammu & Kashmir High CourtCase Title: Shahbaz Ahmad Palla.Citation: 2023 LiveLaw (JKL) 202"A fundamentalist Muslim cannot be equated with an extremist or a separatist," the Jammu & Kashmir and Ladakh High Court observed recently.The remarks were made by single bench of Justice Atul Sreedharan while dealing with a petition challenging preventive detention of a 22 years old Muslim man inter alia on the ground that he has become a “hard core fundamentalist” and voluntarily agreed to work as Over Ground Worker of the TRF (The Resistance Front), alleged LeT outfit.CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High CourtCase Title: Yoginder Singh Vs Union Of IndiaCitation: 2023 LiveLaw (JKL) 203Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court quashed the dismissal order of a paramilitary personnel.Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching CaseCase Title: Imran Nabi Wani Vs UT of J&KCitation: 2023 LiveLaw (JKL) 204The Jammu and Kashmir High Court on upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017.'In Case Based On Circumstantial Evidence, Motive Assumes Importance': Jammu & Kashmir HC Upholds Acquittal In 15 Yrs Old Murder CaseCase Title: State Of J&K Vs Shailender SinghCitation: 2023 LiveLaw (JKL) 205The Jammu & Kashmir and Ladakh High Court upheld the acquittal of a murder accused in a 15 years old case that was based on circumstantial evidence, stating the prosecution failed to show an unbroken chain of events to prove the guilt of the accused.“Where a series of circumstances are dependent on one another, they are to be read as one ingredient as a whole and not separately as it is not possible for a Court to truncate and break the chain of ...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 31 July - 6 August, 2023

Basit Amin Makhdoomi

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