MOHAMMAD AMIN RATHER v. CHANDRAKER BHARTI AND ORS. (HOME)
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE SANJAY DHAR
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-12-23. MOHAMMAD AMIN RATHER v. CHANDRAKER BHARTI AND ORS. (HOME). Read the judgment and case details on...
Judgment text
06 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 453/2024 Mohammad Amin Rather ….. Petitioner (s) Through: Mr. Mohammad Rafiq, Adv . V/s Chandraker Bharti and Ors. ….. Respondent(s) Through: Mr. Mubashir Majid, Dy. AG Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge. ORDER 23. 12. 2024 1. The petitioner through the medium of present contempt petition has sought initiation of contempt proceedings against the respondents as according to him, despite his detention order having been quashed by this Court in terms of judgment dated 27. 09. 2024, he has not been set at liberty. 2. The respondents have filed statement of facts in which they have submitted that after the quashment of the earlier order of detention passed against the petitioner, he was released from custody on 18. 10. 2024, whereafter a fresh detention order bearing No. 20/DMB/PSA dated 19. 11.
2024 came to be passed and the petitioner Asif Gull I attest to the accuracy and authenticity of this document 23. 12. 2024 03:33 P a g e | 2 CCP(S) No. 453/2024 was taken into custody on 20. 11. 2024 and he is presently lodged at Central Jail, Kot Balwal, Jammu. 3. Learned counsel for the petitioner has submitted that in fact the petitioner was never released and he has not even been furnished the fresh order of detention. 4. Be that as it may, the contention urged by the learned counsel for the petitioner offers to the petitioner a ground for challenging the fresh order of detention but once the respondents pursuant to the judgment passed by the writ Court have released the petitioner, the judgment of the writ Court stands complied with. Therefore, no case for proceeding against the respondents is made out. The contempt proceedings are, therefore closed and the petition is disposed of accordingly. (Sanjay Dhar) Judge SRINAGAR 23. 12.
2024 Aasif Asif Gull I attest to the accuracy and authenticity of this document 23. 12. 2024 03:33
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