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2026 DAILYLAW 2211 (JK)

PALVI SHARMA AND OTHERS v. UT OF J AND K TH. PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS

WP(C)/2191/2026 · 2026-07-22

Sanjay Parihar

body2026

Judgment text

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WP (C) No. 2191/2026 Page 1 of 3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2191/2026 CM No. 4743/2026 Date of Pronouncement: 22.07.2026 Uploaded on: 23.07.2026. Palvi Sharma & Ors. …..Appellant(s)/Petitioner(s) Through: M/s Sahil Koul & Mohd. Bilal Khan, Advocates. V/s U.T of J&K & Ors. .…. Respondent(s) Through: Ms. Chetna Manhas, Assisting counsel vice Mrs. Monika Kohli, Sr. AAG. CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 22.07.2026 01. Petitioners, who are stated to be the residents of Village Sarla, Banjal Batwal, Tehsil Lohai Kalhar, District Kathua, are aggrieved of shifting of Police Post from Village Sarla to Village Padater. Accordingly to the petitioners, the terrorist attack near Kindli on 08.06.2024, followed by another encounter on 28.09.2024 at Village Kohag, as also similar incidents at Kumadh Nallah, Najote, Paretar and Joffer Forest, between January 2026, to February, 2026 establish that the region continues to be under serious security threat. 02. It is submitted that these incidents are not isolated but constitute part of a continuing pattern of militant activity affecting the entire belt surrounding of Village Sarla. 03. It is further submitted that the Police Picket at Village Sarla was established not only for routine administrative convenience or ordinary policing Serial No. 84 WP (C) No. 2191/2026 Page 2 of 3 requirements, but was created after a detailed assessment by the competent authorities during the period of insurgency in the year 1998. The same has now been shifted to Village Sadrota, thereby, denying the protection and security of Villagers of Village Sarla and adjoining areas. 04. Learned counsel for the respondents, who had been asked to take instructions, has reported that after the recent incidents of terrorism near Village Patedar, the Police Picket at Sarla has been temporary shifted at Padetar and by which the security has also been extended to Village Sarla and adjoining areas. It is further stated that in upper regions of Kathua, security has been constituted which is working under the command of SOG and SP (Ops). There is a three tier security being provided so the apprehension expressed by the petitioners is misconceived and unfounded. It is submitted that the petitioner has not been able to establish the violation of any statutory or legal rights. 05. Heard both the learned counsel for the parties and gone through the record, it cannot be denied that the upper regions of Kathua had recently been targeted by militant activities as various incidents have taken place from 08.06.2024 till February 2026 and it is also the admitted case of the respondents that three tier security gird has been provided. The only request of the petitioner is restoration of Police Post Sarla to its original location which according to him has been shifted to some other place. 06. Since the right to life and liberty guaranteed under Article 21 of the Constitution mandates that every individual subject to procedure established under law shall lead a normal, peaceful and independent life which also included in it right not to live under insecure atmosphere. WP (C) No. 2191/2026 Page 3 of 3 07. The petitioner is not espousing an individual cause but a cause which is of public importance relating to the security of the entire area comprising of various Villages which were earlier under the security of Police Picket Sarla. Though, it is for the respondents to assess the security and proceed to take effective measures. 08. At this stage, learned counsel for the petitioners submits that the petitioners would feel satisfied, in case, this petition is disposed of by directing the respondents to consider the case of the petitioners. 09. Having regard to the submission made at Bar and prayer which is of innocuous in nature, this petition is disposed of by directing the respondents Nos. 2 to 4 to treat the writ petition as representation and proceed to dispose of in accordance with law by providing an opportunity of hearing to one of the representatives of the petitioners . The decision shall be taken at the earliest. 10. The writ petition is ‘disposed of’ in the manner indicated as above. (Sanjay Parihar) Judge Jammu 22.07.2026 Renu