JUNAID FAROOQ AKHOON v. UNION TERRITORY THROUGH POLICE STATION TARZOO (POLICE / HOME)
CM(M)/557/2025 · 2025-12-16
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11518 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11518 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 59 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) No. 557/2025
Junaid Farooq Akhoon …Appellant/Petitioner(s) Through: Mr. Syed Owais Geelani, Advocate Vs. UT of J&K through P/S Tarzoo ...Respondent(s) Through: Mr. Jahingeer Ahmad Dar, GA CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 16.12.2025
1. The instant Petition has been preferred by the Petitioner, who is presently under continuous judicial custody, seeking a direction upon the Court of Sessions/Special Designated Court under the Unlawful Activities (Prevention) Act, Baramulla, at Sopore, to fix a trial calendar and proceed with the trial, preferably on a weekly basis, to ensure its expeditious conclusion. 2. The petitioner's case is that he stands implicated in FIR No. 48/2020 registered at Police Station, Tarzoo, Baramulla, for offences punishable under Sections 307 of the Indian Penal Code (IPC), Sections 7/25 of the Arms Act, and Sections 16, 18, 20, 23, 38, and 39 of the Unlawful Activities (Prevention) Act (UAPA). Pursuant to the investigation, the Challan (Charge-sheet) was submitted by the respondent before the Court of Sessions/Special Designated Court under UAPA, Baramulla, at Sopore, where the matter has remained pending for trial since 2020. 3. It is averred in the petition that petitioner is currently lodged in the District Jail, Baramulla, and his continuous detention necessitates an accelerated trial process. 4. The short grievance of the Petitioner is that the inordinate delay in the conclusion of the trial, primarily attributed to the failure of the prosecution to produce its witnesses. It is averred in the petition that
over a period exceeding four years, only 14 witnesses out of a total of 22 cited witnesses have been examined. This failure, the petitioner contends, has resulted in a gross infringement of his fundamental right to a speedy trial. 5. Mr. Jahingeer Ahmad Dar, Learned Government Advocate (GA), upon being requested to appear, submitted on behalf of the prosecution that every endeavor would be made to produce the remaining witnesses within a finite period of two months. 6. In light of the submissions made, this Court deems it inappropriate and futile to keep the present petition pending.
Accordingly, the petition is disposed of with the following directions: (i) The Respondent is directed to ensure the production of the remaining witnesses before the Court of Sessions/Special Designated Court under UAPA, Baramulla, at Sopore, without further inordinate delay. (ii) The learned Court of Sessions/Special Designated Court under UAPA, Baramulla, at Sopore, shall, after recording the evidence of the remaining witnesses, conduct the trial expeditiously and make all possible efforts to finally decide the matter. 7. The Petition is disposed of as above. (VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 16.12.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 18.12.2025 00.32