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2026 DAILYLAW 3412 (JK)

UT OF J AND K TH PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT AND OTHERS v. RAHIL GARGOTRA

LPA/213/2026 · 2026-09-30

Sanjeev Kumar, Yash Paul Bourney

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 6933/2026 LPA No. 213/2026 in HCP No. 165/2025 CAV No. 2117/2026 UT of J&K and Others .....Applicant(s)/Appellant(s) Through :- Ms. Monika Kohli, Sr. AAG with Ms. Priyanka Bhat, Advocate v/s Rahil Gargotra .....Respondent(s) Through :- CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE YASH PAUL BOURNEY, JUDGE ORDER 28.09.2026 CM No. 6933/2026 1. Impugned in this intra-Court appeal is a judgment of the learned Single Judge [“the writ Court”] dated 16.07.2026, passed in HCP No. 165/2025, whereby the writ Court has quashed the detention order no. PSA-13 of 2025 dated 06.09.2025 issued by the District Magistrate, Jammu. The order was issued purportedly under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, with a view to prevent the respondent from acting in any manner prejudicial to the maintenance of public order. 2. The appeal is delayed by five days and, therefore, a separate application for condonation of delay. 3. The application, for the reasons stated therein, is allowed and the delay of five days in filing the appeal is condoned. Sr. No. 76 2 LPA No. 213/2026 1. The order of detention, which was issued by the District Magistrate, Jammu on 06.09.2025 and was executed on 07.09.2025 and was for a maximum period of one year. The period of one year has expired with effect from 06.09.2026. The order of detention has, therefore, outlived its life, thus, rendering this appeal infructuous. 2. In view of the above, the instant appeal is dismissed as having been rendered infructuous. (Yash Paul Bourney) (Sanjeev Kumar) Judge Judge JAMMU 28.09.2026 Manik