Mohsin Dar
(He/Him)
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Bar & Bench
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Judgements, Orders and matters related to High Court, Lower courts and other legal institutions.
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Political and Religious etc
Lawyer || Legal Correspondent at @barandbench || Email: mohsin@barandbench.com
Articles by Mohsin Dar
Secessionist slogans, leading mob with separatist leaders prima facie attracts UAPA: J&K High Court
The High Court of Jammu and Kashmir and Ladakh recently observed that raising secessionist slogans, leading a mob alongside separatist leaders and inciting violence against security forces will prima facie fall within the definition of “unlawful activity“ under the Unlawful Activities (Prevention) Act (UAPA). A Bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani made the observation while restoring UAPA charges against one Mohd Yousuf Lone.
Bar association not state under Article 12, bar issues not subject to writ jurisdiction: J&K High Court?
The High Court of Jammu and Kashmir and Ladakh on Monday observed that it cannot invoke its writ jurisdiction under Article 226 of the Constitution of India to settle the internal election disputes of a Bar Association [Advocate Abdul Basit Bhat V/s District Bar Association, Shopian]. Pertinently, Justice Wasim Sadiq Nargal held that a bar association or bar body is not “State” within the meaning of Article 12 of the Constitution and writ jurisdiction can't be invoked against it.
J&K High Court seeks fresh report on encroachments by religious institutions in Kashmir
The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner of Kashmir to file a fresh affidavit detailing any encroachments made on public streets, public parks and other public places in the name of religious institutions [In Re Suo motu Proceedings V/s State of J&K]. A bench comprising acting Chief Justice and Sanjeev Kumar and Justice Mohd Yousuf Wani passed the directions while hearing a suo motu case concerning encroachments.
Jammu court seeks police report in ₹550-crore Vaishno Devi silver pilferage case
A Jammu court has asked Katra police to file a detailed enquiry report on alleged "adulteration", pilferage and misappropriation of nearly 20 tonnes of silver offerings at the Shri Mata Vaishno Devi Shrine [Deepak Sharma, Advocate V/s Inspector General of Police, Crime Branch, Jammu]. The silver is reportedly worth around ₹550 crore. According to NDTV, the shrine board in May had sent around 20 tonnes of silver offerings to a government mint for standard melting and storage.
Jammu and Kashmir HC grants bail to doctor accused of attempting to rape patient
The High Court of Jammu and Kashmir and Ladakh recently granted bail to a Budgam-based doctor accused of attempting to rape a woman patient during a medical examination at a government health centre [Dr. Abdul Majeed Bhat V/s Union Territory of J&K]. Justice Mohd Yousuf Wani passed the order granting bail to a Dr. Abdul Majeed Bhat, a medical officer posted at a Primary Health Centre (PHC) in Budgam, who had remained in jail since January 14, 2026.
J&K High Court grants relief to lawyers booked for assault in Srinagar District court premises
The High Court of Jammu & Kashmir and Ladakh on Tuesday granted interim protection to a group of advocates who approached the Court apprehending preventive detention under the Public Safety Act in connection with a recent altercation inside the court complex in Srinagar [Irfan Akbar Malla and Others V/s UT of J&K]. Justice Moksha Khajuria Kazmi directed that the petitioners shall not be detained in connection with the incident without prior permission of the Court.
IT Act offence for obscene electronic material requires publication: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently observed that merely having electronic devices with obscene photographs - without proof of publication, transmission or technical authentication of such photos - cannot lead to the conviction under Section 67 of the Information Technology (IT) Act [UT of J&K v. Bilal Ahmed Wani].
Jammu court sets aside magistrate condition to seize modified tyres of vehicle before release to owner
A court in Jammu has set aside a traffic magistrate's order that had declined to release a Jeep Wrangler – seized by the police over alleged modification – unless its tyres were removed. Additional Sessions Judge Amit Sharma opined that the very purpose of providing the ad-interim custody of vehicle to its owner will stand defeated if the vehicle is given to him without tyres.
No casuals: Jammu and Kashmir High Court directs staff to wear prescribed uniform
The High Court of Jammu & Kashmir and Ladakh has issued a circular directing all its officers, officials and staff members to strictly adhere to the prescribed uniform/ dress code while attending office and performing official duties. The circular was issued by the Registrar General (officiating), MK Sharma, who said that several employees were reporting to work in casual attire, which was causing indiscipline and affecting the smooth functioning of the High Court.
Anantnag Sessions Judge expunges adverse remarks against magistrate
A judge too can make a mistake, a Principal Sessions Judge in Jammu and Kashmir said recently while accepting that he had wrongly made adverse remarks against a Magistrate in a judicial order. In a matter taken up suo motu, Principal Sessions Judge Tahir Khurshid Raina on July 25 expunged the adverse observations mistakenly made by him against a Judicial Magistrate. "A Judge is also a human being and fallible to commit a mistake.
Ex-MLA Harsh Dev Singh moves Jammu Kashmir High Court seeking by-elections in Nagrota, Budgam
Singh alleged that the Election Commission’s refusal to hold the by-elections, despite issuing notifications for by-polls in other states like Delhi, Uttar Pradesh, Tamil Nadu, Gujarat, Punjab, West Bengal and Kerala, reflected a prejudicial and step-motherly treatment towards Jammu & Kashmir. He said that the ECI’s justification of massive snowfall as a reason for the delay was absurd since Nagrota has never experienced snowfall in its history.
Mother-in-law who is not party to DV case can't file appeal: Jammu & Kashmir High Court
Srinagar Bench, Jammu & Kashmir and Ladakh High Court The Jammu & Kashmir and Ladakh High Court recently said that a mother-in-law, who is neither a party before the trial court nor affected by its order, cannot seek appellate remedies under the Protection of Women from Domestic Violence Act, 2005 (DV Act).
J&K High Court issues contempt notice to 11 police officials over custodial torture of two Punjab labourers
According to the pleadings and supported medical reports, the petitioners were brutally assaulted on-site and then further tortured in custody, suffering severe injuries including broken toes, bite marks, bruises and avulsed fingernails. Photographs and multiple medical examination reports from both Basohli Hospital and Pathankot Civil Hospital corroborated the allegations of third-degree torture.
J&K High Court Bar Association bans non-lawyers from wearing white shirt, black coat/ pants in court complex
The Jammu & Kashmir High Court Bar Association at Jammu has issued a notice prohibiting clerks, litigants and general public from wearing black coats with white shirts and black trousers within the court complex. Any clerk, litigant or member of the general public found wearing the advocate's attire will be presumed to be a tout, a notice issued by the Bar Association Joint Secretary Anshu Mahajan said.
J&K court closes case against PDP MLA Waheed-ur-Rehman Parra for flouting MCC
A court here in Kashmir's Awantipora on Friday dismissed the criminal case filed against PDP leader and Member Legislative assembly Waheed-ur-Rehman Parra for allegedly violating the Model Code of Conduct MCC) during the 2024 Jammu and Kashmir Assembly elections [UT of J&K Through SHO P/S Awantipora V/s Waheed ur Rehman Parra]. Parra was booked by Awantipora police for allegedly organizing a roadshow on April 27, 2024 in Pulwama without prior permission.
CAT Jammu grants former Prison Warden relief 25 years after termination from service
The Central Administrative Tribunal (CAT), Jammu Bench, recently quashed a 25-year-old discharge order that had terminated the services of a prison official, which the tribunal found was passed in gross violation of constitutional safeguards and service rules [Jahangir Khan V/s State].
Bar bodies in Jammu and Kashmir condemn Pahalgam terror attack; call for Bandh
Multiple bar bodies across Jammu and Kashmir have strongly condemned the brutal terrorist attack that occurred on April 22 in Pahalgam's Baisaran Valley. The attack, which claimed 28 lives and left several injured, has sparked widespread outrage and mourning across the region. Jammu & Kashmir High Court Bar Association at Jammu led by its President Advocate K Nirmal Kotwal issued a statement on Tuesday condemning the attack as a “cowardly and inhumane act of violence” targeting innocent civilians.
Jammu & Kashmir High Court quashes land acquisition since notice was published only in English paper
The Jammu & Kashmir and Ladakh High Court recently quashed the acquisition of 134 kanals of land for construction of an amusement park after it found that the mandatory procedure under Jammu and Kashmir Land Acquisition Act was not followed (Rattan Chand V/s Union Territory of J&K). Justice Sanjay Dhar noted that the public notice under Section 4(1) of the State Act was published only in an English newspaper and not in any regional-language newspaper.
Lucknow court sentences lawyer to 3 years in jail for sending obscene messages to woman judge
A Court in Lucknow recently sentenced a lawyer, Abhay Pratap, to three years imprisonment and fined him ₹61,000 for sending obscene messages to a female judicial officer [State of U.P V/s Abhay Pratap].
Jammu & Kashmir High Court slaps ₹10k fine on man for PIL against building hospital near army establishment
The High Court of Jammu and Kashmir and Ladakh recently imposed a fine of ₹10,000 on a man for filing a 'frivolous' plea objecting to the construction of a hospital near a the wall of an Army establishment [Press Core Council Th. Indu Bhushan Bali V/s Union of India and ors.].
NDPS probes often entrusted to incompetent officers: Jammu and Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh recently expressed concern that incompetent officers are often being entrusted with investigating cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), despite the serious nature of such cases [UT of J&K V/s Farman Ali and Ors].
Blanket, district wide bans on public protests violate fundamental rights: Kishtwar court
The Sessions Court of Kishtwar, Jammu on Tuesday stayed an order passed by the District Magistrate (DM) to curb ongoing public demonstrations and protests demanding free electricity in the district [Waseem Akram Butt V/s District Magistrate Kishtwar]. Principal Sessions Judge Manjeet Singh Manhas observed that a blanket, district-wide ban smacks of an imperialist attitude and violates the fundamental freedoms of citizens.
Mere violation of departmental norms not an offence under Prevention of Corruption Act: Jammu & Kashmir HC
The Jammu and Kashmir High Court recently ruled that a failure by government servants to follow departmental norms will not amount to an offence under the Prevention of Corruption Act, 1988 (PC Act), particularly when the concerned official has not secured any dishonest, pecuniary gain by such an omission [Dalip Thusu and another v. Union Territory of J&K].
Is letters patent appeal maintainable in criminal case? J&K High Court Larger Bench to decide
Would a Letters Patent Appeal (LPA) be maintainable against an order or judgment passed by a single-judge in exercise of criminal jurisdiction?
Does vehicle taken to another State or UT need re-registration? Jammu and Kashmir High Court answers
Justice Javed Iqbal Wani noted that a motor vehicle generally has to be registered only once upon the payment of a fee prescribed by the Central Government. Such registration is valid throughout India. "A motor vehicle has to be registered once upon payment of fee prescribed by the Central government and such registration shall be valid throughout India and a vehicle once registered is not required to be registered elsewhere in India," the Court said.
PIL before Jammu & Kashmir High Court seeks Doordarshan channel in Dogri
The High Court of Jammu and Kashmir and Ladakh recently issued notice on a public interest litigation (PIL) petition seeking the launch of a 24 x 7 Dogri language Doordarshan (DD) television channel [Jayesh Kumar V/s Union of India]. The Bench of Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta also appointed advocate Aseem Sawhney as an Amicus Curiae to assist it in the matter.
Lok Adalat not empowered to dismiss case for non-prosecution: Jammu and Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh recently observed that there is no power vested with Lok Adalats to dismiss a case referred to it for non-prosecution or if a party fails to appear before it [Syed Tajamul Bashir V/s Mohammad Ayoub Khan]. Justice Sanjay Dhar clarified that the Lok Adalat can either pass an award if the parties before it arrive at a settlement or (if no such settlement is reached) refer the case back to the court concerned for its disposal under law.
Courts can't slap Jammu and Kashmir Public Safety Act on citizens, only govt can: J&K Sessions Court
A sessions court in Kishtwar recently observed that only the government can invoke provisions of the Jammu and Kashmir Public Safety Act, 1978 (PSA) and courts cannot do the same (State v. Sher Mohd and Ors). Principal Sessions Judge MS Manhas said that only a constitutional court can look into the validity of a preventive detention order under the PSA and that magisterial courts don’t have jurisdiction to comment upon such order.
Plea in Jammu and Kashmir High Court seeks release of Senior Advocate NA Ronga from preventive detention
The habeas corpus petition has been filed through Ronga's wife Bilquees Ronga. It states that the allegations levelled against the senior lawyer to justify his preventive detention are baseless, concocted and malicious. The plea contends that the detention order, which is argued to have been passed out of vengeance, deserves to be quashed on this ground alone.
What Jammu & Kashmir High Court said on PIL for protection, welfare of ancient Hindu temples
The High Court of Jammu & Kashmir and Ladakh recently refused to entertain a public interest litigation (PIL) petition filed by a social activist seeking protection and welfare of the ancient Hindu temples as well as the retrieval of land of temples allegedly encroached by mafia and other property dealers in the Union Territory of Jammu and Kashmir (J&K) [Gautam Anand V/s Union of India].
Contempt case: Jammu and Kashmir High Court summons IAS officer accused of trying to frame sub-judge
The High Court of Jammu and Kashmir and Ladakh has summoned Deputy Commissioner of Ganderbal, Shyambir (IAS) after a trial court judge alleged that the IAS officer has been trying to frame him in a false case as revenge for passing an adverse order [Noor Mohammad Gojar Chichi & Anr. v. State of J&K & Ors].
In Jammu & Kashmir, police are arresting 'secessionist' senior lawyers under a draconian law
Over the past few weeks, a number of lawyers in Jammu & Kashmir have been detained by the police for reasons that are not quite clear. Senior Advocate and former General Secretary of the Jammu and Kashmir High Court Bar Association (HCBA), Srinagar, Mohammad Ashraf Bhat is the latest detainee, after Senior Advocate Nazir Ahmad Ronga, and Advocate Mian Muzaffar were detained by the police earlier.
Jammu & Kashmir High Court slaps ₹10K costs on District Magistrate for unjustified detention of man under PSA
The High Court of Jammu and Kashmir and Ladakh recently ordered the District Magistrate at Jammu to pay ₹10,000 as costs for ordering the detention of a man under the Jammu and Kashmir Public Safety Act, 1978 (PSA) without any sound justification [Surjeet Singh Alis Sonu V/s Union Territory of Jammu and Kashmir]. Justice Atul Sreedharan found that the detention order was vague and reflected an attempt by the District Magistrate to justify the unjustifiable.
Chief Justice N Kotiswar Singh bids adieu to Jammu and Kashmir High Court; hopes for Ladakh Bench of HC
Justice Singh was recently elevated to the Supreme Court and is slated to take his oath as a judge of the top court on Thursday. A full court reference was held on Tuesday to mark his departure from the Jammu and Kashmir High Court. In his farewell speech, Chief Justice Singh said he was happy to note that the government was also keen to set up a circuit Bench of the High Court for the people of the Ladakh region.
Jammu & Kashmir Police detains Senior Advocate NA Ronga at midnight
The Jammu and Kashmir Police detained Senior Advocate Nazir Ahmed Ronga at his house in Srinagar, in the wee hours of Thursday morning. His son Umair Ronga told Bar & Bench that a team of police arrived at his house at about 1:10 AM to arrest his father. On asking the reason for the senior lawyer's arrest, they were informed "uper se order hai" (the order has come from higher-ups). The arrival of police team as well as the detention of Ronga was captured on CCTV footage. My father, Adv.
Jammu & Kashmir High Court orders authorities to take over management of two temples in Anantnag
The Jammu & Kashmir and Ladakh High Court recently directed the authorities in south Kashmir to take over the management of two temples in view of rival claims made by two parties in a litigation. The division bench of Justice Sanjeev Kumar and Justice MA Chowdhary asked the parties to agitate their rights before the civil court. In the meantime, the Court directed the District Magistrate of Anantnag district to take over the management of the temples.
"State" under J&K Public Safety Act includes UT of J&K: Jammu and Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh recently clarified that the term "State" under the Jammu and Kashmir Public Safety Act, 1978 (PSA) includes the Union Territory of Jammu and Kashmir [Yawar Ahmad Malik V/s Union Territory of J&K].
Jammu and Kashmir High Court orders Centre, UT to respond to plea against including Pahari-speakers in ST list
The High Court of Jammu and Kashmir and Ladakh recently asked the Central government and the Jammu and Kashmir administration to ensure that they respond by August 12 to a petition challenging the inclusion of Pahari-speaking people in the Scheduled Tribe list [Mohd Anwar Choudhary v. Union of India and Ors].
Bail petitions should be decided on first hearing date itself based on case diary: Jammu and Kashmir High Court
The High Court of Jammu & Kashmir and Ladakh on Monday said there is no legal requirement to provide the State an opportunity to file written objections to the bail applications of persons accused in criminal cases [Gorav Sayal V/S UT of Jammu and Kashmir]. Justice Atul Sreedharan also observed that bail applications should ideally be decided on the first hearing date itself on the basis of the contents of case diary.
Jammu and Kashmir High Court grants recognition to Kashmir Advocates Association
Pertinently, the decision to recognise the KAA has been taken at a time when the Jammu and Kashmir High Court Bar Association (JKHCBA) - which has been representing the lawyers at Srinagar Bench for many years - is facing action from the administration in Srinagar for its alleged secessionist ideology.
West Bengal Bar Council to observe July 1 as Black Day against three new criminal laws
The Bar Council of West Bengal on Wednesday unanimously resolved to observe July 1 as 'Black Day' as a mark of protest against the three new criminal laws - Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and Bharatiya Sakshya Adhiniyam (BSA) 2023. The laws, which will replace the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, are slated to come into force on July 1.
Section 144 CrPC invoked to halt Jammu and Kashmir High Court Bar Association elections
The Jammu and Kashmir administration on Tuesday imposed restrictions under Section 144 of the Code of Criminal Procedure (CrPC) in the district court premises at Srinagar to halt elections for office bearers of the Jammu and Kashmir High Court Bar Association, Srinagar (HCBA).
Former Jammu & Kashmir High Court Bar President Mian Qayoom arrested in murder case
The Jammu and Kashmir State Investigation Agency (SIA) has arrested Mian Abdul Qayoom, a senior lawyer and former president of the Jammu and Kashmir High Court Bar Association (HCBA), in connection with the 2020 murder of advocate Babar Qadri. Qadri, a lawyer and television panellist, was shot dead inside his Srinagar home in September 2020 by unknown persons. Two unidentified gunmen had gone to Qadri's house by posing as clients, before shooting him. They had then absconded.
Jammu & Kashmir High Court stays order to pay ₹2 lakh compensation to man for illegal detention
The High Court of Jammu & Kashmir and Ladakh recently stayed a judgment which had directed the Union Territory of Jammu & Kashmir (J&K) to pay ₹2 lakh as compensation to a man for illegally detaining him under the J&K Public Safety Act [Union Territory of J&K Vs Aftab Hussain Dar]. A Bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi stayed the judgment passed by single-judge Justice Rahul Bharti.
Jammu & Kashmir High Court orders ₹2 lakh compensation for illegal preventive detention of man
The High Court of Jammu & Kashmir and Ladakh recently quashed the preventive detention of a 22-year-old man and awarded him compensation of ₹2 lakh (Aftab Hussain Dar v.
Participation in nationalist activities not licence to indulge in crime: Jammu and Kashmir High Court
Participation in nationalist activities does not give anyone a license to indulge in criminal activities, observed the Jammu and Kashmir High Court recently while upholding the preventive detention of a Srinagar Municipal Corporation (SMC) official [Aqib Ahmad Renzu V/s UT of J&K]. The SMC corporator, Aqib Ahmad Renzu, was detained under the Jammu and Kashmir Public Safety Act (PSA) in October last year, a week after he was reportedly arrested in connection with a sexual harassment case.
Jammu and Kashmir High Court asks LCMA not to harass tea sellers on Dal Lake floating market
The High Court of Jammu and Kashmir and Ladakh recently asked the Jammu and Kashmir Land Conservation and Management Authority (LCMA), Srinagar not to unnecessarily harass people selling tea at famed the floating market on Dal Lake, Srinagar [M/s Zabarwan Tea Stall v. Vice Chairman, J&K LCMA]. Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal passed the order on a petition filed by the partners of the Zabarwan Tea Stall (petitioners) which sold tea at the floating market.
Jammu and Kashmir High Court slaps ₹1 lakh cost on 81-year-old for harassing judges
The Jammu & Kashmir and Ladakh High Court recently imposed ₹1 lakh costs on an 81-year-old man, observing that he has virtually become a "cancer for the judicial system" by filing multiple petitions against his daughter-in-law and against judges who hear his petitions. Justice Sanjeev Kumar took strong exception to the language used by the octogenarian in the petition filed by him against the maintenance proceedings initiated by his daughter-in-law.
Lok Sabha Elections: Calcutta High Court stays police action against two BJP candidates
The Calcutta High Court on Monday temporarily restrained the West Bengal police from taking any coercive action in criminal cases filed against Rekha Patra and Pranat Tudu, two Bhartiya Janata Party (BJP) candidates who are contesting in the Lok Sabha elections. Both candidates had approached the High Court with concerns that they were being hounded by the police since they belonged to an opposition party in the Trinamool Congress (TMC)-led State.
Jammu & Kashmir High Court quashes sexual harassment case against IAF Wing Commander after compromise
The Jammu & Kashmir and Ladakh High Court recently quashed a case of sexual harassment filed by a woman pilot of the Indian Air Force (IAF) against a Wing Commander, following a compromise between them. Justice Rajnesh Oswal said that the continuation of investigation in the FIR under Section 354A (sexual harassment) of the Indian Penal Code will not serve any purpose and rather would be an exercise in futility after the settlement between the complainant and accused person.
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