Ajay Shan vs Ut Of J&K And Ors
2026 Latest Caselaw 6 J&K

Jammu & Kashmir High Court

Ajay Shan vs Ut Of J&K And Ors on 15 January, 2026

                                                                        Serial No. 63

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
HCP No. 150/2025
Ajay Shan                                             .....Appellant(s)/Petitioner(s)


                         Through: Mr. Ritesh Sharma, Advocate

                    vs
UT of J&K and Ors.                                              ..... Respondent(s)
                         Through: Mr. Sumeet Bhatia, GA

CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                     ORDER

15.01.2026

1. Appropos to the direction dated 12.01.2026, the petitioner sought time to

place on record material to satisfy his locus and in this regard has produced

certain documents which, prima facie, disclose that Ms. Kamaldeep Kour

and the petitioner were working in the same institution and the petitioner

appears to be her friend, thus the petitioner has locus to file this petition.

The documents produced were also shown to the counsel for the other side,

who was not able to rebut the same and wants to get those documents

verified. A copy of the documents produced is also taken on record.

2. Be that as it is, learned counsel for the petitioner has placed reliance upon

the judgment passed by the Hon'ble Supreme Court in case titled "Devu G

Nair vs. The State of Kerala and others", thereby making out that he has

strong apprehension that the said Ms. Kamaldeep Kour who is under illegal

confinement of respondent no. 8 since 12.10.2025, who despite notice has

chosen not to appear, there is every likelihood of her life and liberty being

in danger.

3. Learned counsel for the petitioner submits that this Court shall exercise

extraordinary jurisdiction to seek production of Ms. Kamaldeep Kour.

Since locus standi of the petitioner appears to be genuine and the petitioner

had already approached SSP and SHO concerned seeking whereabouts of

the said Ms. Kamaldeep Kour as he apprehends threat to her life and

dignity.

4. Prima facie case is made out for consideration.

5. Senior Superintendent of Police, Udhampur is directed to take earnest steps

to produce Ms. Kamaldeep Kour who is alleged to be in a wrongful

confinement of respondent no. 8 who resides at Ward No. 17, H.No. 280,

Guru Teg Bahadur Nagar, Link Road, Omara, Udhampur on the next date

of hearing before this Court, in person, enabling for just disposal of instant

petition.

6. Copy of the order shall be made available to Mr. Sumeet Bhatia, learned

GA, who shall ensure that the same is served upon the police agency

concerned and interim compliance report.

7. List before the 2nd Vacation Bench.

(Sanjay Parihar) Judge

Jammu 15.01.2026 Diksha