Allowed

Union Territory of J and K through Principal Secretary, Home Department and Ors. v. Jehangir Ahmad Ganie Alias Jana Logi through His Cousin Nazir Ahmad Mir

J&K HC8 Jul 2021RP/54/2021

Case brief

AI extract

What is this about?

High Court of Jammu and Kashmir allowed a state review petition recalling its 2021 judgment. The court corrected the finding that a detention order had outlived its life, noting the order expired after execution in September 2021, and remanded the main petition for listing.

What did the court decide?

Review petition allowed; order dated 09.4.2021 recalled; main petition listed for consideration on 30.7.2021.

Union Territory of J and K through… — Constitutional and Fundamental Rights | J&K HC (2021)

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Serial No. 227 After Notice. Cause List.

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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….

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RP no. 54/2021

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UT of JK Th. Pr. Secy. Home Deptt. and Ors.

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……. Petitioner(s)

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Through: Mr. Sajad Ashraf, GA vice Mr. B. A. Dar, Sr. AAG

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Versus

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Jehangir Ahmad Ganie Allias Jana Logi Th. His cousin Nazir Ah. Mir

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…….. Respondent(s)

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Through: Mr. Waseem Ahmad, Advocate

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CORAM :

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HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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ORDER 08.7.2021

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This is an application by the State for seeking review of the judgement dated 09.04.2021 passed in WP(Crl) no. 156/2020 title Jehangir Ahmad Ganie vs. UT of JK and others.

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The review of the order has been sought on the ground that this Court disposed of the petition on the ground that the impugned order of detention which was issued for maximum period of one year had out lived its life and therefore, petition had rendered infructuous. It is pointed out by Mr. B. A. Dar, learned Sr. AAG that in the instant case though detention order was issued by the detaining authority on 20.08.2019 but the same was executed only on 24.09.2020 and therefore, the detenu has not undergone the maximum period of one year. Learned counsel for the respondent has no objection for allowing this review petition.

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Having heard learned counsel for the parties, I am of the view and it is found from the records that the detention order was executed on 24.09.2020 and the detenu was taken into custody on the said date and therefore, maximum period of detention of one year in the instant case would expire on 23.09.2021. Mr. B. A. Bashir, learned Sr. AAG is therefore, correct in

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RP no. 54/2021

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submitting that this Court erroneously held that the order of detention had out lived its life and the petition had become infructuous.

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For the foregoing reasons, this review petition is allowed and order dated 09.4.2021 is recalled.

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Let the main petition be listed for consideration on 30.7.2021.

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In the meanwhile, Mr. B. A. Dar, learned Sr. AAG shall file counter affidavit.

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(Sanjeev Kumar) Judge

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Srinagar

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08.7.2021 Imtiyaz

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IMTIYAZ UL GANI 2021.07.09 15:11 I attest to the accuracy and integrity of this document

Union Territory of J and K through Principal Secretary, Home Department and Ors. v. Jehangir Ahmad Ganie Alias Jana Logi through His Cousin Nazir Ahmad Mir

Case brief

What is this about?

What did the court decide?

Union Territory of J and K through Principal Secretary, Home Department and Ors. v. Jehangir Ahmad Ganie Alias Jana Logi through His Cousin Nazir Ahmad Mir

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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