State Of Jk & Ors vs Mohammad Yousuf Shah & Ors
2022 Latest Caselaw 732 j&K/2

                                                                 Serial No.15
                                                               Regular Causelist

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                                                          OWP No. 1829/2018
State of JK & Ors.
                                                               ... Petitioner(s)
                                   Through: -
                         Mr. D. C. Raina, Advocate with
                             Mr. Sajad Ashraf, GA.

                                        V/s

Mohammad Yousuf Shah & Ors.
                                                             ... Respondent(s)
                                  Through: -
                           Mr. Aamir Latoo, Advocate.
CORAM:

                Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
                Hon'ble Mr Justice Puneet Gupta, Judge.

                                     ORDER

26.05.2022

When this matter was taken up for consideration, Mr. D.C. Raina,

learned Advocate General invited attention of the Court to the judgment

passed by this Court on 2nd April 2021 in a batch of writ petitions with lead

case being OWP No. 1756/2018 titled State of JK vs J&K State Human Rights

Commission & Ors, in terms whereof, the writ petitions filed the erstwhile

State of Jammu and Kashmir (now Union Territory) have been allowed and

the proceedings initiated by the Commission on the compliant of the

respondents, have been quashed. The judgment quashing the orders of the

State Human Rights Commission (erstwhile) in those writ petitions, is based

on the touchstone of provisions of J&K Protection of Human Rights Act, 1997

and having noticed that the Commission has acted beyond its powers and

jurisdiction.

We have no difficulty to proceed in the mater and decide the

same after hearing the counsel for the parties, but learned counsel for the

respondents seeks time to examine the judgment supra, as he is also

supporting his case with the judgments of different High Courts. Needful be

done by or before next date of hearing.

List on 8th July 2022.

                                     (Puneet Gupta)             (Ali Mohammad Magrey)
                                          Judge                        Judge
           SRINAGAR
           26.05.2022
           "Hamid"




ABDUL HAMID BHAT
2022.05.26 15:25
I attest to the accuracy and
integrity of this document