Mere Membership Of Terrorist Gang Not Enough To Invoke S.20 UAPA; Prosecution Must Prove Terrorist Act: J&K&l High Court

The Jammu & Kashmir and Ladakh High Court has held that mere membership of a terrorist gang or organisation is not sufficient to attract Section 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), observing that the prosecution must place material showing the accused's involvement in or indulgence in a “terrorist act” as contemplated under Section 15 of the Act.Justice Rajesh Sekhri made the observation while partly allowing a petition filed by one Dawood, who had challenged the...

Personal-Enmity Assaults Are “Law And Order” Issue, Not Grounds For Preventive Detention: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order passed against a Poonch resident, holding that incidents arising out of personal enmity and directed against private individuals constitute a “law and order” issue and cannot, by themselves, furnish grounds for preventive detention.Justice Sanjay Dhar observed that the mere fact that a person is involved in multiple criminal cases does not bring his conduct within the ambit of “public order” unless the...

Bail During Investigation In POCSO Case Where Child Was Assaulted By Uncle Is "Too Premature": J&K&L High Court Cancels Bail

The High Court of Jammu & Kashmir and Ladakh has cancelled bail granted to an accused in a POCSO case, holding that the grant of bail during the investigation was "too premature" where the victim, a minor girl, was allegedly subjected to sexual violence in the house of her close relative by her own maternal uncle.The Court observed that the accused, being the husband of the victim's maternal aunt, may have exerted pressure and tried to influence the child not to depose against him during...

Repeated Post-Release Involvement In Narcotic Offences Justifies Preventive Detention When Ordinary Law Proves Inadequate: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has upheld the preventive detention of a man under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that repeated post-release involvement in narcotic offences justifies preventive detention when the ordinary law of the land proves inadequate.The Court observed that the detaining authority had duly noted the detenu's involvement in multiple NDPS cases notwithstanding the grant of bail, reflecting a...

'Special Police Officers' Not Covered Under Article 311 But Entitled To Minimum Safeguards Before Disengagement: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that Special Police Officers (SPOs) engaged under Section 18 of the Jammu and Kashmir Police Act, 1983, are not entitled to the full procedural safeguards available to regular police officers under Article 311 of the Constitution, but are entitled to a minimum safeguard of notice and an opportunity of reply before any stigmatic order of disengagement is passed.The Court thus modified the existing jurisprudence to carve out a middle path...

NDPS Accused Cannot Manufacture Medical Ground For Bail By Delaying Treatment, Refusing Consent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed a bail application filed on medical grounds by an accused in a commercial quantity NDPS case, holding that the statutory conditions under Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 must take precedence over the plea of prolonged incarceration, likely delay in trial, or the medical condition of the accused.The Court observed that the petitioner had been delaying the conducting of prescribed tests on one...

Jammu & Kashmir And Ladakh High Court Weekly Roundup September 14 - September 20, 2026

Nominal Index:Mohammad Ramzan Wani v. Union of India and Others 2026 LiveLaw (JKL) 397Abdul Ahad Bhat vs UT of J&k 2026 LiveLaw (JKL) 398District Gurdwara Parbandak Committee Jammu & Anr. v. Ranjeet Singh Tohra & Ors 2026 LiveLaw (JKL) 399New India Assurance Company Limited v. General Manager, NHPC and Others 2026 LiveLaw (JKL) 400Union Territory through Police Station Mattan v. Ghulam Nabi Mir 2026 LiveLaw (JKL) 401Bal Krishan Pandita v. UT of J&K and Others 2026 LiveLaw (JKL)...

J&K&L High Court Stays FIR Against Woman Booked For Terminating Pregnancy Without Husband's Consent

The High Court of Jammu & Kashmir and Ladakh has stayed the investigation into an FIR registered against a woman and her sister for allegedly terminating a 4–5 month pregnancy without the husband's consent, observing that the police ought to have exercised circumspection and restraint in the matter and that the allegations did not inspire confidence.The Court issued notice to...

Erroneous Exercise Of Power By Revenue Officials Cannot Be Converted Into Criminal Case Without Evidence Of Corrupt Intent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed a criminal prosecution initiated by the Anti-Corruption Bureau against Revenue Officers and the beneficiaries of certain mutations, holding that the mere circumstance that an order passed by a statutory authority may subsequently be considered erroneous or legally unsustainable would not, by itself, constitute criminal...

Centre Notifies Appointment Of Judges, Additional Judges At Four High Courts

The Central Government on Saturday (September 19) notified the appointment of 14 judicial officers as judges and additional judges for High Courts at Delhi, J&K and Ladakh, Jharkhand and Karnataka. Union Law Minister Arjun Ram Meghwal took to X to notify the appointments:"In exercise of the power conferred by the Constitution of India, after consultation with Chief Justice of India,...

Status Quo Violation Must Be Dealt Under Order 39 Rule 2(A) CPC, Not Section 164 BNSS: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a violation of a Civil Court's status quo order must be dealt with under Order 39 Rule 2(A) of the Code of Civil Procedure, 1908, and not by resorting to proceedings under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The Court observed that when possession of a party was protected by an interim order of the Civil...

J&K&L High Court Seeks Admin's Response On Concerns Over Proposed Industrial Park In Srinagar's Flood Absorption Basin

The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Kashmir, to respond to concerns over the proposed industrialisation of the flood-absorption basin at Nowgam, Srinagar. The Court took note of an affidavit filed by the Environmental Policy Group (EPG) raising "certain critical issues" and directed a response within one week.A Division Bench of Chief...