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2025 DAILYLAW 11471 (JK)

UNION TERRITORY OF J AND K AND ORS. (HOME) v. GHULAM QADIR SHODA

LPA/272/2025 · 2025-11-24

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (through virtual mode) CJ Court Uploaded on 26.11.2025 Case No. CM No. 7623/2025 in LPA No. 272/2025 U. T of J&K and others …..Appellant(s)/Petitioner(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Mr. Faheem Nissar Shah, GA vs Ghulam Qadir Shoda .…. Respondent(s) Through: Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 24.11.2025 1. This is an application seeking condonation of delay of 329 days in filing the intra court appeal against judgment dated 24.10.2024 passed by the learned Writ Court in HCP No. 131/2024, titled, Ghulam Qadir Shoda vs. U. T. of J&K and others, whereby order of detention dated 08.04.2024 has been quashed. 2. The applicants have stated that sanction to file appeal was granted on 21.01.2025, and some time was consumed for completing the formalities to file the appeal. Record depicts that appeal was filed only on 17.11.2025 i.e. after nearly 10 months of grant of sanction. 3. A perusal of the application seeking condonation of delay reveals that the applicants have demonstrated no cause, let alone a sufficient cause, to warrant the condonation. 4 CM No. 7623/2025 Page 2 of 2 4. Otherwise also on merits, the applicants have no case at all, more particularly in view of the incongruent counter affidavit filed by the applicants before the learned Writ Court vis-a-vis detention record demonstrating that the representation against the order of detention was never considered. In the counter-affidavit, it was the stand of the applicants that the representation was considered and rejected. More so, the applicants have not disputed this finding recorded by the learned Writ Court in the judgment impugned. 5. Thus, the instant application seeking condonation of delay is dismissed. As a necessary consequence, the accompanied appeal shall also stand dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 24.11.2025 Rakesh Rakesh Kumar 2025.11.26 10:27 I attest to the accuracy and integrity of this document