Union Territory Of J&K & Ors vs Jehangir Ahmad Ganie
2021 Latest Caselaw 573 j&K/2

                                                                                   Sr. No.101
                                                                                  Before Notice
                                IN THE HIGH COURT OF JAMMU AND KASHMIR
                                              AT SRINAGAR
                                           (THROUGH VIRTUAL MODE)
                                          CrlM No.519/2021 in RP No.54/2021
                                                 CrlM No.520/2021

                    Union Territory of J&K & Ors.                          ...PETITIONER(S)

                                  Through: Mr. B. A. Dar, Sr. AAG.

                                                          Vs.
                    Jehangir Ahmad Ganie                                 ....RESPONDENT(S)

Through:

CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

(ORDER) 20.05.2021 CrlM No.519/2021 This is an application seeking condonation of delay of six days in filing the review petition.

From a perusal of the application, it transpires that the delay in filing the review petition is sufficiently explained. Therefore, the application, for the reasons stated therein, is allowed and the delay in filing the review petition is condoned.

RP No.54/2021 CrlM No.520/2021

Review of the judgment dated 9th of April, 2021, has been sought, primarily, on the ground that this Court allowed WP(Crl) No.156/2020 not on merits but on the ground that the order of detention outlived its life.

It is submitted by Mr. Dar, Sr. AAG, that the order of detention issued on 20th of August, 2019, was not executed immediately as the detenue was evading his arrest. The order of detention was actually executed on 24th of September, 2020, and the same was to remain in operation till 23rd September, 2021.

MOHAMMAD ALTAF BHAT 2021.05.21 12:57 I attest to the accuracy and integrity of this document

Having heard Mr. B. A. Dar, Sr. AAG, and perused the record, I am of the view that, prima facie, there is substance in the submissions made by Mr. Dar.

Notice returnable within four weeks. Requisite steps for service within one week.

List on 28th of June, 2021.

In the meanwhile, subject to objections and till next date of hearing, the operation of impugned judgment dated 9th of April, 2021, shall remain stayed.

Modification/alteration on motion.

(Sanjeev Kumar) Judge Srinagar;

20.05.2021 "Bhat Altaf, PS"

MOHAMMAD ALTAF BHAT 2021.05.21 12:57 I attest to the accuracy and integrity of this document