HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA (D) No. 30/2025 Khursheed Ahmad Rather and Ors. … Appellant(s) Through: - Mr. S. T. Hussain, Sr. Advocate with Ms. Nida Nazir, Advocate. V/s Union Territory of Jammu & Kashmir and Anr. … Respondent(s) Through: - Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG. CORAM: Hon’ble Ms Justice Sindhu Sharma, Judge Hon’ble Mr Justice Shahzad Azeem, Judge (ORDER) 10.09.2025 1. This appeal is directed against the order dated 10.02.2025 passed by learned Designated Special Court under NIA Act, Kupwara [ <the Trial Court=], whereby appellants along with co-accused were charged under Sections 7/25 IA Act, 120-B IPC and Sections 13, 18, 23,39 UAPA, respectively. 2. The main grouse of the appellants is that appellants have been charge sheeted, without looking into very vital aspect of the matter which goes to the root of the trial, i.e., no sanction was obtained, insofar as offences under Sections 7/25 IA Act, 120-B IPC are concerned, nor the concerned authority while according sanction for offences under UAPA had examined the sufficiency of evidence as required under law. 3. Although other grounds of the challenge have been also taken in the memo of appeal, but when the matter has came up for consideration, Mr. S. T. Hussain, learned Senior Counsel appearing for the appellants CrlA (D) No. 30/2025 restricted his arguments only to the absence of sanction for prosecution under Sections 7/25 of IA Act, 120-B of IPC and the defective sanction given by the authorities, which suffers from non-application of mind insofar as offences under Sections UAPA Act are concerned. 4. After arguing for some time, the learned Senior Counsel very candidly submitted at bar that the sufficiency of grant of sanction or absence of sanction as per the authoritative pronouncement of Hon’ble Supreme Court in <Fuleshwar Gope vs. Union of India and Ors., AIR 2024 SC 4684= has to be examined and considered by the Trial Court. Therefore, while surrendering to the settled proposition of law as settled by Hon’ble Supreme Court and relied upon by the learned Senior Counsel for the appellants, it is prayed that the appellants at this stage only seek the permission of Court to raise all these issues before the Trial Court for its consideration in accordance with law. 5. The submission made by learned Senior Counsel appearing for the appellants is taken on record. 6. Having regard to the submissions made at Bar, this appeal is disposed of with a liberty to the appellants, if they so desire, are permitted to raise the point of sanction before the Trial Court and the Trial Court shall proceed to consider the same strictly within the four corners of law. 7. Disposed of. (Shahzad Azeem) (Sindhu Sharma) Judge Judge SRINAGAR September 10th, 2025 <Shoaib=