ALI JOHAR v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY HOME DEPTT AND OTHERS
WP(Crl)/20/2021 · 2025-07-14
Ma Chowdhary
Writ Petition (Criminal)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3085 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3085 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(Crl) No. 20/2021 c/w WP(Crl) No. 57/2021 WP(Crl) No. 75/2021
Ali Johar & Ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. M Tariq Mughal, Advocate
Vs
U. T. of J&K & Ors. .…. Respondent(s)
Through: Mr. Vishal Sharma, DSGI Mr. Pawan Dev Singh, Dy.AG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (14.07.2025)
1.
Learned counsel for the petitioners submits that the petitioners, who are foreign nationals of Myanmar are stated to have been detained in Sub-jail, Hiranagar, which has been declared as “Holding Centre, Hiranagar”, illegally and have been suffering incarceration without any charge.
2. The respondents have taken the stand that the petitioners having entered India without any valid documents and on verification, have failed to produce any valid documents to enter India, as such, in view of the Government Order No. 54- Home of 2021 dated 05.03.2021 in reference to Notification issued vide S.O. 78 dated 05.03.2021 have been detained in “Holding Centre, Hiranagar”.
3. On the stand taken by counsel for the respondents, learned counsel for the petitioners submits that he has instructions to seek withdrawal of the petition to work out other remedy available to them. His statement is taken on record.
4. In view of the submissions made by learned counsel for the petitioners, all the clubbed petitions are dismissed as withdrawn alongwith connected application(s), with liberty as prayed for.
5. Interim directions, if any, shall stand vacated.
(M A CHOWDHARY)
JUDGE
Jammu 14.07.2025 Suraj K. Singh
Serial No. 3