Research › Search › Judgment

High Court of Jammu and Kashmir · body

2026 DAILYLAW 334 (JK)

ISHFAQ ALI WANI AND ANR. v. UNION TERRITORY THROUGH POLICE STATION SOPORE (HOME)

CRM(M)/443/2025 · 2026-02-18

Mohd Yousuf Wani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 149 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM(118/2026) IN CRM(M) 443/2025 ISHFAQ ALI WANI AND ANR. …Petitioner(s)/Appellant(s). Through: Mr. S.T. Hussain, Sr. Advocate with Ms. Nida Nazir, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION SOPORE ...Respondent(s). Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 18.02.2026 1. Heard the learned counsel for petitioners in respect of the matter. 2. The case of the petitioners, as agitated through the medium of the instant petition filed in terms of the provisions of Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereafter referred as “BNSS” for short), is that they are facing trial in case FIR No. 90/2022 of Police Station Dangiwacha, Tehsil Sopore, District Baramulla, in the court of Special Judge Designated Court NIA Act, Sopore, since last three years. That the trial of the case is not being conducted on a day to day basis and in an effective manner, as per the provisions of Section 19 of the NIA Act. That since the petitioners are facing trial in custody, as such, the trial against them has become oppressive. That the delayed trial of the case against them has violated their fundamental right to liberty guaranteed under Article 21 of the Constitution of India. 3. The petitioners have accordingly sought direction upon the learned Special court for an expeditious and effective trial in the case against them, as mandated under Section 19 of the NIA Act. 4. Having regard to the nature of the relief sought in the petition, this Court is of the opinion that matter can be disposed of even at this threshold stage by passing of appropriate directions, which are otherwise meant to be complied with by the learned trial court as per the provisions of the law governing the conduct of the trial in the case. 5. Accordingly, the petition is disposed of at this stage with the direction to the learned trial court to make an endeavour to conduct the trial of the case in question in an effective and expeditious manner so that same is concluded at an earliest on its merits. The learned trial court is further directed to submit monthly reports to the Registry of this Court regarding the status of the trial. 6. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR 18.02.2026 ARIF