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2025 DAILYLAW 1298 (JK)

UNION TERRITORY OF J AND K AND ORS. (HOME / POLICE) v. AASHIQ HUSSAIN MIR

LPA/313/2025 · 2026-07-30

A, Mohd Yousuf Wani

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) Case: CM No. 8655/2025 in LPA No. 313/2025. Union Territory of J&K and ors. ..... Petitioner(s)/Appellant (s) Through :- Mr.Ilyas Nazir Laway, GA. v/s Aashiq Hussain Mir. .....Respondent(s) Through :- None. CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER 30.07.2026 (ORAL) 01. Union territory of J&K proposes to file an appeal to challenge the order dated March 20, 2025 passed by learned Single Judge [‘the Writ Court’] in HCP No. 290/2024 titled Aashiq Hussain Mir vs. UT of J&K and ors. whereby the Writ Court has allowed the Habeas corpus petition of the respondent and quashed the order impugned therein bearing No. /DMA/PSA/DET/2024 dated 20.04.2024, passed by District Magistrate, Anantnag. 02. The appeal is delayed by 212 days and, therefore, application for condonation of delay, being CM No. 8655/2025, stands filed. 03. For the reasons stated in the application, the application is allowed. Delay in filing the appeal is condoned. LPA No. 313/2025 04. The order passed by the Writ Court has been challenged by the appellants on numerous grounds, however, due to lapse of time the instant appeal has been rendered infructuous. Sr. No. 2 05. In the present case the order of detention against the respondent was passed on April 20, 2024 and was executed on April 24, 2024. Since, the order was passed with a view to prevent the respondent from acting in any manner prejudicial to the security of State, as such, the maximum period for which he could have been detained is only two years. The order of detention has, thus, outlived its life thereby rendering this appeal infructuous. 06. Dismissed as such. (MOHD. YOUSUF WANI) (SANJEEV KUMAR) JUDGE CHIEF JUSTICE (A) JAMMU 30.07.2026 Sunita