'Despite ACB Exoneration, J&K Govt Issued Show Cause Notice After Seven Years': High Court Stays Blacklisting Of Insurance Broker

The Jammu & Kashmir and Ladakh High Court has stayed the debarment/blacklisting of M/s Trinity Reinsurance Brokers Ltd. by the Finance Department of the Government of Jammu & Kashmir, observing that a prima facie case was made out, especially when the impugned order was issued despite the company having been exonerated by the Anti-Corruption Bureau (ACB) and after an unexplained gap of more than seven years from the termination of the contract.The Court was hearing a writ petition filed...

PMLA Bail Cannot Be Cancelled Without Supervening Circumstances; Mere Misapplication Of S.45 No Ground For Cancellation: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an application seeking cancellation of bail granted under the Prevention of Money Laundering Act, 2002 cannot succeed merely on the ground that the trial court did not properly appreciate the rigour of Section 45 of the PMLA.The Court clarified that bail once granted can only be cancelled if supervening circumstances such as misuse...

Land Acquisition Act | Non-Publication Of S.4(1) Notice In Gazette & Newspapers With Local Circulation Vitiates Acquisition: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that failure to publish the notification under Section 4(1) of the Land Acquisition Act, 1990, in newspapers having effective circulation in the locality of affected persons, coupled with absence of publication in the Government Gazette, vitiates the acquisition proceedings.The Court was hearing an intra-court appeal filed by the...

Prolonged Incarceration, Weak Prosecution Case Can Justify UAPA Bail Even If Prima Facie Accusations Exist: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prolonged incarceration of an accused, when coupled with the weakness of the prosecution case based on uncorroborated approver testimony and confessional statements of co-accused, can constitute a valid ground for grant of bail under the Unlawful Activities (Prevention) Act, 1967, even if the statutory threshold under Section 43-D(5)...

UAPA | Terror Funds Received Directly From Pak, Accused Not Automatically Entitled To Bail Due To Prolonged Custody: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prolonged custody of more than five years under the Unlawful Activities (Prevention) Act, 1967 does not automatically entitle an accused to bail when the prosecution has prima facie material demonstrating his direct involvement in raising and distributing terror funds, receiving money from Pakistan-based LeT handlers, and...

J&K High Court Refuses To Entertain Mian Abdul Qayoom's Plea For Medical Exam, Cites SC's Supervision In Babar Qadri Murder Case

The Jammu & Kashmir and Ladakh High Court has dismissed an application filed by the wife of former High Court Bar Association, Kashmir (HCBA) President Mian Abdul Qayoom seeking directions for his medical examination, holding that parallel directions cannot be issued when the Supreme Court is already seized of the matter and has issued specific and comprehensive directions governing...

Land Acquisition Act | Acquisition Lapses If 80% Compensation Not Paid Before Taking Possession U/S 17A: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where the State invokes urgency provisions under Section 17 of the Land Acquisition Act, 1990, but fails to comply with the mandatory requirement under Section 17-A of paying 80% compensation before taking possession, the acquisition proceedings lapse by operation of Section 11-B.The Court was hearing an intra-court appeal filed...

Writ Court Cannot Examine Validity Of Revenue Mutations Unless Explicitly Challenged: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where mutations have not been challenged and have attained finality, the writ court cannot examine their validity or comment upon the manner in which they were attested.The Court was hearing an intra-court appeal challenging the judgment of the writ court, which had set aside a mutation and remitted the matter for fresh...

S.197 CrPC Protection Applies Even If Public Servant Exceeded Powers While Discharging Official Duty: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that Section 197 of the Code of Criminal Procedure, 1973 acts as a shield to public servants who cannot be removed from service without government sanction, protecting them from false and unwarranted prosecution.The Court clarified that even if a public servant has exceeded his powers while discharging his official duties, the...

Continued Detention Of Approver Who Complied With Pardon Conditions May Violate Article 21; S.306(4)(b) CrPC No Bar: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the continued detention of an approver who has complied with the conditions of pardon and stood by his disclosure without contradiction may violate Article 21 of the Constitution, which guarantees the sacred human right of personal liberty.The Court clarified that Section 343(4)(b) of the Bharatiya Nagarik Suraksha Sanhita,...

'Purpose Of Investigation Is To Find Truth, Not Implicate': J&K&L High Court Quashes Charges Over 'Half-Baked' Report In Graft Probe

The Jammu & Kashmir and Ladakh High Court has held that the purpose of investigation is not to somehow implicate a person but to unearth the truth, and it is the duty of the investigating agency to ascertain the veracity of the defence projected by a suspect. The Court observed that when an accused provides an explanation in answer to a questionnaire, the agency must verify the same...

Bail Cannot Be Denied Under UAPA On Uncorroborated Approver Testimony & Telephonic Links: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that bail under the Unlawful Activities (Prevention) Act cannot be refused where the prosecution relies primarily on approver statements and uncorroborated telephonic contacts, in the absence of recovery or material establishing prima facie involvement.The Court was hearing an appeal under Section 21 of the NIA Act challenging the order...