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2025 DAILYLAW 8075 (JK)

MUNEEB AHMAD RATHER TH.HIS FATHER v. UNION TERRITORY OF J AND K (HOME) AND ANR

WP(C)/1572/2025 · 2025-08-22

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 97 SUPPLEMENTARY LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1572/2025 MUNEEB AHMAD RATHER TH.HIS FATHER …Petitioner/Appellant(s) Through: Mr. Mohammad Ashraf Malik, Advocate Vs. UNION TERRITORY OF J AND K (HOME) AND ANR ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 22.08.2025 The report of the Trial Court submitted pursuant to the order dated 11-07-2025 of this Court has been perused. In the facts and circumstances of the case and especially having regard to the relief sought in the matter, this Court is of the opinion that matter can be disposed of even at this threshold stage by passing of such appropriate orders which are not likely to prejudice the interests of the respondents. The grievance of the petitioner is that he has been facing trial in custody in the criminal case bearing FIR No. 64/2022 of Police Station, Srigufwara, under Sections 16, 18, 20, 23 UAP Act, 307 IPC, 7/27 Arms Act, pending disposal in the Court of learned Special Judge under NIA Act, Anantnag, since 27-02- 2023. That out of the total 43 listed witnesses, only 10 witnesses have been so far recorded in the case. That he is being badly prejudiced due to delay in trial. Petitioner/accused has got his fundamental right to a speedy trial guaranteed under Article 21 of the Constitution of India as interpreted by the Hon’ble Apex Court in a series of judgments especially including the judgments delivered in the cases of Hussainara Khatoon, A.R. Antulay, Shaheen Welfare Association, Babubhai Bokhiria and Taps Kumar Palit’s case. Accordingly, the instant petition is disposed of with the direction to the learned trial Court to conduct an expeditious trial in the case without adjourning the hearings in the matter for a period beyond 15 days. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 22.08.2025 Akhil Dev