ADIL HUSSAIN BHAT AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ANR
WP(C)/668/2025 · 2025-08-21
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6762 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6762 (JK) · dailylaw.ai ]
Judgment text
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Serial No. 61 Supp. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR …
WP(C) 668/2025
ADIL HUSSAIN BHAT AND ANR. ……...Petitioner(s) Through:
Mr. Mohammad Ashraf Malik, Adv.
Versus UNION TERRITORY OF J AND K (HOME) AND ANR. .……Respondent(s) Through:
None .
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 21.08.2025
1. Heard learned counsel for the petitioners.
2. Through the medium of the instant petition filed under Article 226 of the Constitution of India, the petitioners have sought passing of the appropriate writ/direction in the nature of mandamus for directing the learned trial court to conduct expeditious and meaningful trial in the criminal case bearing FIR No. 152/2023 of Police Station Kokernag under Sections 13, 18, 20, 23, 38, 39 UA(P) Act, Sections 3/4 of the Explosive Substances Act and Sections 7/25 of the Indian Arms Act, pending disposal before the court of learned Special Judge under NIA Act i.e., the court of learned Additional Sessions Judge, Anantnag.
3. It is the case of the petitioners that they came to be apprehended by the concerned Police Station in the case FIR on 30.11.2023. That the final report/charge-sheet in terms of Section 173 BNSS came to be presented before the learned Special Court against them on
23.04.2024. That they came to be formally charged in the case vide
order dated 20.07.2024 of the learned Special Court and till date out of 21 prosecution listed witnesses only two witnesses have been recorded by the prosecution at the trial. That the trial of the case is going on with slow pace as the prosecution is not mindful in production and examination of its witnesses in an expeditious manner. That they have been facing incarceration since their arrest in the case on 30.11.2023 and, as such, they are entitled to their fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India. It is submitted by the learned counsel for the petitioners that petitioner No. 2 namely Manzoor Ahmad Naikoo has died pending trial of the case.
4. In the facts and circumstances of the case and having regard to the relief sought, this court is of the opinion that the instant matter can be
disposed of at this threshold stage by passing of appropriate directions which are not likely to effect the interest of the respondents.
5. Accordingly, the instant writ petition is disposed of with the direction to the learned trial court to conduct a meaningful and expeditious trial in the case having regard to the right of the surviving petitioner i.e., petitioner No. 1-Adil Hussain Bhat, to speedy trial guaranteed under Article 21 of the Constitution of India. The learned trial court shall make an endeavour to hear the case on weekly basis and shall not adjourn the hearing of the case for a period exceeding 15 days.
6. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
Srinagar 21.08.2025
“SAKEENA-PS”