Ishfaq Ali Wani And Anr vs Union Territory Through
2026 Latest Caselaw 893 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Ishfaq Ali Wani And Anr vs Union Territory Through on 18 February, 2026

                                                             Serial No. 149
                                                            Supp. Cause List

   IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                CrlM(118/2026) IN CRM(M) 443/2025
ISHFAQ ALI WANI AND ANR.                             ...Petitioner(s)/Appellant(s).

Through:      Mr. S.T. Hussain, Sr. Advocate with
              Ms. Nida Nazir, Advocate
                                     Vs.
UNION TERRITORY THROUGH                                           ...Respondent(s).
POLICE STATION SOPORE
Through:

CORAM: HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                                    ORDER

18.02.2026

1. Heard the learned counsel for petitioners in respect of the matter.

2. The case of the petitioners, as agitated through the medium of the instant

petition filed in terms of the provisions of Section 528 of the Bhartiya

Nagrik Suraksha Sanhita, 2023 (hereafter referred as "BNSS" for short),

is that they are facing trial in case FIR No. 90/2022 of Police Station

Dangiwacha, Tehsil Sopore, District Baramulla, in the court of Special

Judge Designated Court NIA Act, Sopore, since last three years. That the

trial of the case is not being conducted on a day to day basis and in an

effective manner, as per the provisions of Section 19 of the NIA Act.

That since the petitioners are facing trial in custody, as such, the trial

against them has become oppressive. That the delayed trial of the case

against them has violated their fundamental right to liberty guaranteed

under Article 21 of the Constitution of India.

3. The petitioners have accordingly sought direction upon the learned

Special court for an expeditious and effective trial in the case against

them, as mandated under Section 19 of the NIA Act.

4. Having regard to the nature of the relief sought in the petition, this Court

is of the opinion that matter can be disposed of even at this threshold stage by passing of appropriate directions, which are otherwise meant to

be complied with by the learned trial court as per the provisions of the

law governing the conduct of the trial in the case.

5. Accordingly, the petition is disposed of at this stage with the direction to

the learned trial court to make an endeavour to conduct the trial of the

case in question in an effective and expeditious manner so that same is

concluded at an earliest on its merits. The learned trial court is further

directed to submit monthly reports to the Registry of this Court regarding

the status of the trial.

6. Disposed of.

(MOHD YOUSUF WANI) JUDGE SRINAGAR 18.02.2026 ARIF