Union Territory of J&K & Anr. v. Inayat Rashid Bhat
Case at a glance
Outcome
Allowed
the appeal is allowed
Provisions considered
Key paragraphs
- Para 11. For the reasons detailed in the application coupled with the submissions made at the Bar, the present application seeking to condone the delay in filing the appeal is allowed. Accordingly, the delay in filing the appeal is condoned. Application, accordingly, stands disposed of. B.…
- Para 44. A perusal of the file reveals that the detention order against the respondent-Inayat Rashid Bhat came to be issued on 25.06.2022 by the District Magistrate, Ganderbal under Section 8 of the J&K Public Safety Act, 1978 and, accordingly, he was arrested and initially detained…
- Para 66. Viewed thus, nothing survives to adjudicate in the present appeal and the same is, accordingly, dismissed having been rendered infructuous. Srinagar 11.11.2024 (Anil Sanhotra) (Rajnesh Oswal) Judge (Tashi Rabstan) Chief Justice Whether the order is reportable ? Whether the order is speaking ? Yes/No…
Judgment
Through: Mr. Mohsin Qadiri, Sr. AAG, with Ms Maha Majeed, Advocate. versus Inayat Rashid Bhat …Respondent Through: Mr. Wajid Haseeb, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE Oral A. CM No.5587/2024
For the reasons detailed in the application coupled with the submissions made at the Bar, the present application seeking to condone the delay in filing the appeal is allowed. Accordingly, the delay in filing the appeal is condoned. Application, accordingly, stands disposed of. B. LPA No.231/2024
With the consensus of learned counsel appearing for the parties, this appeal is taken up for hearing.
The instant appeal is directed against the judgment and order dated
14.05.2024 passed by the learned Single Judge in WP(Crl) No.598/2022, whereby the detention order bearing No.14-DMG-PSA-22 dated 25.06.2022 in respect of respondent-Inayat Rashid Bhat under the Public Safety Act came to 2 LPA 231/2024 be quashed and he was directed to be released from the custody, provided if he was not required in any other case. Against the judgment/order of learned Single Judge, the appellants herein have filed the present appeal.
A perusal of the file reveals that the detention order against the respondent-Inayat Rashid Bhat came to be issued on 25.06.2022 by the District Magistrate, Ganderbal under Section 8 of the J&K Public Safety Act, 1978 and, accordingly, he was arrested and initially detained in Central Jail, Kot Bhalwal, Jammu.
It is to be seen here that the detenue came to be detained in June, 2022 under Section 8 of the Public Safety Act on the ground of preventing him from acting in any manner prejudicial to the security of the State or the maintenance of the public order and the maximum sentence under this category is two years from the date of detention. Since the period of two years has already expired from the date of detention of detenue, as such the detenue might have already been released in terms of the said Act.
Viewed thus, nothing survives to adjudicate in the present appeal and the same is, accordingly, dismissed having been rendered infructuous. Srinagar 11.11.2024 (Anil Sanhotra) (Rajnesh Oswal) Judge (Tashi Rabstan) Chief Justice Whether the order is reportable ? Whether the order is speaking ? Yes/No Yes/No Anil Sanhotra 2024.11.14 12:26 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the appeal is allowed
Which statutory provisions did this judgment involve?
Public Safety Act — s. 8; J&K Public Safety Act, 1978 — s. 8.
Which court decided this case, and when?
High Court of Jammu & Kashmir and Ladakh, on 11 Nov 2024. The bench was RAJNESH OSWAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.