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2025 DAILYLAW 14757 (JK)

UNION TERRITORY OF J AND K AND ANR. (HOME) v. SAHIL FAROOQ MIR

LPA/291/2025 · 2025-12-01

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 03.12.2025 Case No. CM No. 7926/2025 in LPA No. 291/2025 U. T of J&K and another …..Appellant(s)/Petitioner(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Adv. vs Sahil Farooq Mir through his father Farooq Ahmad Mir .…. Respondent(s) Through: Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 01.12.2025 1. This is an application seeking condonation of delay of 523 days in filing the intra court appeal against the judgment dated 23.04.2024 passed by the learned Writ Court in HCP No. 151/2023, titled, Sahil Farooq Mir vs. U. T. of J&K and another, whereby order of detention bearing No. 53/DMP/PSA/2023 dated 25.10.2023 issued by applicant No. 2, has been quashed. 2. The applicants' primary contention is that, while the sanction to file the appeal was obtained on 07.03.2025, the subsequent period was spent for completing the formalities to file the appeal. This explanation, standing alone, cannot be accepted as sufficient cause to condone the delay. The record depicts that appeal was filed only on 27.11.2025 i.e. after more than 08 months of grant of sanction. Furthermore, the order of detention 13 CM No. 7926/2025 Page 2 of 2 has lost its efficacy due to the efflux of time. Having considered the application for condonation of delay, we are satisfied that no sufficient cause has been shown by the applicants warranting the condonation of delay. 3. In view of the above, we do not find any reason to condone the delay in filing the appeal. As such, 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 01.12.2025 Rakesh Whether the order is speaking: Yes Whether the order is reportable: No Rakesh Kumar 2025.12.03 13:44 I attest to the accuracy and integrity of this document