Ut Of J&K And Another vs Farooq Ahmad Malik
2021 Latest Caselaw 633 j&K/2

                                                            S. No. 111
                                                      Supplementary 1 Causelist


  IN THE HIGH COURT OF JAMMU AND KASHMIR
                               AT SRINAGAR
                     (THROUGH VIRTUAL MODE)



                           Case: LPA 68/2021
                            CM (3621/2021)

UT of J&K and another
                                                  ... Petitioner/Appellant(s)
Through: Mr. B. A. Dar, Sr. AAG

                         V/s
Farooq Ahmad Malik
                                                           ... Respondent(s)

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

Heard Mr. B. A. Dar, Sr. AAG.

This appeal has been preferred against judgment and order dated

17.12.2020 passed by learned Single Judge allowing WP (Crl) 607/2019

and quashing the detention order dated 4.7.2019 on the ground that it

was executed after more than three months and the delay in its execution

was not explained.

The appeal is reported to be beyond time by 102 days.

We have considered the delay condonation application and looking

to the unprecedented circumstances due to Covid19 pandemic and other

factors as narrated in the application, we are satisfied that the appellants

were prevented by sufficient reason to file the appeal in time.

Accordingly, the delay is condoned subject to objections, if any, by the

respondent.

LPA 68/2021 CM (3621/2021) Page - 2

The submission of the learned counsel for the appellants is that the

impugned order is patently illegal as there was no delay in execution of

the detention order. The detenue was already in jail and he was released

on bail on 16.10.2019 and was immediately arrested/detained on

21.10.2019, and, as such there was no delay of three months as recorded

by the learned Single Judge.

Issue notice to the respondent.

List on 14.7.2021.

                                (VINOD CHATTERJI KOUL)          (PANKAJ MITHAL)
                                              JUDGE               CHIEF JUSTICE

           Srinagar
           04-06-2021
           N Ahmad




NISSAR A BHAT
2021.06.04 14:52
I attest to the accuracy and
integrity of this document