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2025 DAILYLAW 325 (JK)

SHAKIR AHMAD LONE v. UNION TERRITORY OF J AND K AND ORS. (HOME)

HCP/39/2025 · 2026-02-18

Rahul Bharti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

87 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 39/2025 SHAKIR AHMAD LONE ….. Petitioner(s) Through: Mr. Nasir ul Akbar, Advocate. V/s UNION TERRITORY OF J AND K AND ORS. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Rahul Bharti, Judge ORDER 18.02.2026 1. The petitioner had come up with institution of present writ petition which took place on 18.02.2025 whereby he sought quashment of his preventive detention which came to be visit upon him in terms of Order No. Divcom- “K”/210/2024 dated 13.12.2024 pursuant to which he came to be detained on 19.12.2024. 2. The petitioner had approached this court within two months of his detention custody but the inability of this Court to attend to the habeus corpus writ petition, with due urgency and exigency, made the petitioner to suffer P a g e | 2 HCP 39/2025 full period of detention as a result whereof, the writ petition has now been rendered infructuous in its pendency. 3. The plea of the counsel for the petitioner to dismiss the writ petition as rendered infructuous is most distressing for this constitutional court to hear as a plea to accord disposal of this nature to this writ petition by saying dismissed as being rendered infructuous. 4. The contributory cause for frustration of this writ petition was also the fact that the respondents took six months in coming forward with the filing of a counter affidavit to this writ petition, in a case wherein the maximum detention period meant for the detenu to undergo was one year. 5. Before parting with this order, this Court puts it as a caveat to the Commissioner/Secretary to Government, Law, Justice and Parliamentary Affairs, Union Territory of Jammu and Kashmir that a proper mechanism be set up at the end of Government and in particular at the end of detention order making authority as well as the Home P a g e | 3 HCP 39/2025 Department to ensure timely submission of counter affidavit/s and production of detention record without asking for repeat of adjournments so as to save embarrassment to the rule of law which is exemplified by the present case. 6. Registrar Judicial, Srinagar is directed to forward a copy of this order to Commissioner/Secretary to Government, Law, Justice and Parliamentary Affairs, Union Territory of Jammu and Kashmir for the sake of notice and due measures. (Rahul Bharti) Judge SRINAGAR 18.02.2026 Aasif