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2026 DAILYLAW 1215 (JK)

UNION TERRITORY OF J AND K AND OTHERS (HOME / POLICE) v. JAVID AHMAD ZARGAR

LPA/91/2026 · 2026-05-18

Rajnesh Oswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 91/2026 CM No. 2891/2026 Union Territory of J&K and Ors. ……...Appellant(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Versus Javid Ahmad Zargar …..Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 18.05.2026 01. Respondent through the medium of HCP No. 22/2026, had assailed the order of detention bearing No. DIVCOM “K”/100/2024 dated 25.04.2024, pursuant to which, he was detained. Learned writ Court in terms of order dated 24.03.2026, quashed the order of detention and directed release of respondent. 02. The respondent contended that he had been in custody since October 29, 2023, in connection with the chargesheet titled 'UT of J&K Vs Javid Ahmad Zargar', and was acquitted only on February 10, 2026. It was further urged that despite the respondent being in continuous custody and readily available to the appellants, the detention order dated April 25, 2024, Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 2 remained unexecuted for nearly two years, even though the appellants could have easily executed the warrant against him. 03. We have examined the impugned order dated March 24, 2026, passed by the learned Writ Court in HCP No. 22/2026. The writ court rightly observed that the respondent could not have been detained after his acquittal pursuant to a detention order issued back in April 2024, particularly when he was already in custody throughout that period. This view of the learned writ court is unexceptionable. 04. In view of the above, this appeal is found to be without merit and is, accordingly dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 18.05.2026 “Mohammad Yasin Dar” Whether the order is reportable: No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document