J&K&L High Court Questions Delay In SC/ST Act Probe, Says 'Quality Of Evidence' Matters More Than Number Of Witnesses

The High Court of Jammu & Kashmir and Ladakh has observed that “it is not the number of witnesses that matters but the quality of the evidence”, while questioning the manner in which investigation into an FIR under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was being conducted.Justice M.A. Chowdhary further observed that the unexplained delay in completing the investigation, nearly a year after registration of the FIR, suggests that the investigating...

Drugs & Cosmetics Act | Failure To Exercise Right To Re-Test Sample Within 28 Days Renders Drug Analysis Report Conclusive: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed petitions seeking quashing of criminal proceedings under the Drugs and Cosmetics Act, 1940, holding that the manufacturer and other petitioners failed to exercise their statutory right under Section 25(3) of the Act within the prescribed period of 28 days.The Court observed that once the accused fails to express an intention to controvert the Government Analyst's report within the statutory period, the report attains finality and...

J&K&L High Court Warns Of Action Against Senior Govt Officials Over Non-Compliance With Orders On Illegal Constructions, Fire Safety

The High Court of Jammu & Kashmir and Ladakh has warned that it may initiate appropriate coercive proceedings against the Commissioner, Jammu Municipal Corporation, Director, Fire and Emergency Services, Vice Chairman, Jammu Development Authority and Inspector General of Police (Traffic) if its directions concerning a comprehensive survey and enforcement action against defaulting establishments are not complied with.Justice Wasim Sadiq Nargal passed the order after noting that the affidavit...

J&K&L High Court To Hear Plea Seeking Crime Branch Probe Into Minor's Rape, Abortion & Death In Kishtwar

The High Court of Jammu & Kashmir and Ladakh is on Monday hearing a writ petition seeking transfer of investigation into the alleged rape, pregnancy, attempted termination of pregnancy and subsequent death of a minor girl in Kishtwar from the local police to the Crime Branch, J&K, for a fair, impartial and independent probe.The petition has been filed by the father of the deceased...

"Six Months On, No Visible Progress": J&K&L High Court Revives PIL On ₹922 Crore Raika High Court Complex

The High Court of Jammu & Kashmir and Ladakh has revived a Public Interest Litigation concerning the proposed Rs 922 crore High Court Complex at Raika, Jammu, after the petitioner pointed out that six months after an assurance of "substantial progress", there was neither construction nor even preparatory work visible on the ground. The Court directed the respondents to file a status...

Mens Rea Not Required In Departmental Proceedings; Unauthorised Act With Good Intentions Violates Service Rules: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that in departmental disciplinary proceedings, the presence of mens rea is not a prerequisite to prove misconduct of an employee. The Court added that an unauthorised act, even if committed with good intentions, is still a violation of the service rules, and the very act of acting beyond one's delegated authority by itself constitutes...

Criminal Appeal Need Not Be Deferred Merely Due To Appellant's 'Depressed Mood'; Counsel Can Represent Him: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a criminal appeal cannot be deferred merely on the basis of a medical certificate showing that the appellant is suffering from “Adjustment Disorder with Depressed Mood”, particularly when the appellant is represented by counsel who can appear and argue the matter on his behalf.Justice Rahul Bharti observed that the...

Trap Witness May Be Treated As Interested Witness; Uncorroborated Testimony Can Only Be Relied On If Court Finds Him Truthful: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has acquitted an accused in a corruption case, holding that a trap witness or bribe giver may be treated as an interested witness, being a person interested in the success of the trap.The Court further held that while there is no absolute rule against relying upon the uncorroborated testimony of a trap witness, such evidence can be acted upon...

President Promulgates Regulation Allowing Ladakh Bench For J&K&L High Court

President Droupadi Murmu has promulgated a regulation providing for the establishment of a sitting bench of the High Court of Jammu and Kashmir and Ladakh in the Union Territory of Ladakh.The Union Territory of Ladakh (Sitting of Bench of the High Court of Jammu and Kashmir, and Ladakh in Ladakh) Regulation, 2026, notified by the Ministry of Law and Justice on August 27, 2026, is aimed...

NEET Qualification Not Mandatory For Exempted State Quota BDS Seats In J&K During 2016-17: High Court Validates 10 Admissions

The High Court of Jammu & Kashmir and Ladakh has held that NEET qualification was not an indispensable requirement for BDS admissions made against State Quota seats in Jammu & Kashmir during the transitional academic session 2016-17, when such seats were covered by the applicable exemption from NEET.Justice Sanjay Parihar further held that the mere fact that candidates admitted...

Offence U/S 5(1)(d) J&K Prevention Of Corruptions Act Remains A Scheduled Offence Under PMLA: J&KL High Court

The High Court of Jammu & Kashmir and Ladakh has held that an offence under Section 5(1)(d) of the J&K Prevention of Corruption Act continues to qualify as a “scheduled offence” under the Prevention of Money Laundering Act, 2002 (PMLA), even after the omission of Section 13(1)(d) of the Central Prevention of Corruption Act in 2018.Justice Sanjay Dhar held that the amended Section 7...

Dismissal Order Cannot Take Retrospective Effect Without Statutory Authority, But Invalid Portion Can Be Severed: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court, while restoring the dismissal of a Head Constable accused of embezzling over ₹90 lakh from the State Treasury, has held that where a dismissal order is given retrospective effect without statutory backing, the invalid retrospective portion can be severed and the dismissal can still operate from the date of the order.The Court was hearing...