Jammu and Kashmir and Ladakh High Court Weekly Roundup December 11 - December 17, 2023

Nominal Index:Asif Sultan Saida Vs Union Territory of J&K and anr 2023 LiveLaw (JKL) 312Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir 2023 LiveLaw (JKL) 313Inderjeet Khajuria Vs State Of J&K 2023 LiveLaw (JKL) 314Bari Shah Vs UT of J&K 2023 LiveLaw (JKL) 315Jamsheed Haroon and Another 2023 LiveLaw (JKL) 316SMT. RANJEET KOUR Vs. STATE OF J&K & ORS 2023 LiveLaw (JKL) 317S. Saroop Singh Vs Union of India through Defence Secretary 2023 LiveLaw (JKL) 318Shafakat Vs Jammu and Kashmir Bank through its Chairman 2023 LiveLaw (JKL) 319Sulabh International Social Service Organization Vs Saral Sugam Sewa Society 2023 LiveLaw (JKL) 320Judgments/Orders: Jammu & Kashmir High Court Quashes Detention Order of Journalist Asif Sultan Citing Procedural LapsesCase Title: Asif Sultan Saida Vs Union Territory of J&K and anr.Citation: 2023 LiveLaw (JKL) 312The Jammu and Kashmir and Ladakh High Court quashed the detention order of journalist Asif Sultan, who was detained under the Public Safety Act (PSA) in April 2022.The court, in its judgment delivered by Justice Vinod Chatterji Koul, observed that the detention order was illegal and unsustainable as the detaining authority failed to provide Sultan with all the relevant material on which the order was based. This, according to the court, violated Sultan's rights under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act, 1978.J&K High Court Closes 'Vague' PIL Seeking CBI Probe Into Appointment Of 'Special Police Officers' In J&K PoliceCase Title: Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir.Citation: 2023 LiveLaw (JKL) 313The Jammu and Kashmir and Ladakh High Court closed a Public Interest Litigation (PIL) seeking a Central Bureau of Investigation (CBI) probe into the appointment of Special Police Officers (SPOs) as Constables in the J&K Police Department between 2018 and 2020.The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi observed that the petitioner's allegations were vague and lacked proper disclosure of credentials. Despite granting time on multiple occasions for filing a better affidavit, the petitioner failed to comply.'Adequate Steps Taken': J&K High Court Closes PIL Concerning Contamination Of Tawi River In Jammu, Creation Of Artificial LakeCase Title: Inderjeet Khajuria Vs State Of J&KCitation: 2023 LiveLaw (JKL) 314The Jammu and Kashmir and Ladakh High Court has closed a Public Interest Litigation (PIL) filed on the contamination of the Tawi River in Jammu and the creation of an artificial lake. The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi said that enough adequate steps have already been taken by the respondents and, therefore, there is no reason to further monitor the case.'Gap Of 3.5 Yrs Between Last 'Illegal' Activity & Detention Order': J&K High Court Quashes Detention Of Alleged Bovine SmugglerCase Title: Bari Shah Vs UT of J&KCitation: 2023 LiveLaw (JKL) 315The Jammu and Kashmir and Ladakh High Court has quashed the detention order of a man accused of bovine smuggling, citing a lack of live link between his alleged past activities and the present detention, and a long delay of over three and a half years in passing the order.Justice Rajnesh Oswal also acknowledged the Detenue's willingness to furnish an undertaking with the District Magistrate of Rajouri, assuring that he would not indulge in any bovine smuggling activity in the future.J&K High Court Quashes FIR For Offence of Triple Talaq Owing To Compromise Between PartiesCase Title: Jamsheed Haroon and AnotherCitation: 2023 LiveLaw (JKL) 316Upholding the power of compromise in matrimonial disputes, the Jammu & Kashmir High Court has quashed an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the offence of triple talaq. Justice Sindhu Sharma, in a nuanced order, recognised the settlement reached between the couple and the potential for further injustice if the criminal proceedings continued.“In view of the fact that the parties have mutually settled the dispute and to discharge/ release the parties from this dilemma, there is no reason to keep the FIR pending between the parties”, Justice Sharma recorded.Res Judicata| Contempt Court Sole Authority To Rule On Judgment Adherence, Subsequent Litigation On Same Issue Impermissible: J&K High CourtCase Title: SMT. RANJEET KOUR Vs. STATE OF J&K & ORS.Citation: 2023 LiveLaw (JKL) 317The High Court of Jammu and Kashmir and Ladakh determined that the Contempt Court possesses the authority to adjudicate on whether a judgment of the Court has been adhered to. Once the Contempt Court has rendered a decision on the merits of such a question, it is not permissible for a party to reintroduce the same issue in a subsequent lawsuit or any other proceeding.A bench of Justice Sanjay Dhar has observed,“The Contempt Court is competent to decide an issue as to whether or not judgment of the Court has been complied with and once such a...

Jammu and Kashmir and Ladakh High Court Weekly Roundup December 11 - December 17, 2023

Basit Amin Makhdoomi

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