Jammu & Kashmir High Court - Srinagar Bench
Latief Ahmad Rather vs State Of J&K; And Ors on 18 September, 2018
Bench: Chief Justice, Dhiraj Singh Thakur
1
S.No. 20
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPAHC No. 8/2018
Date of order: 18.09.2018
Latief Ahmad Rather. v. State of J&K & anr.
Coram:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR JUSTICE DHIRAJ SINGH THAKUR, JUDGE.
Appearance:
For the Appellant(s) : Mr. Mir Shafqat Hussain, Advocate.
Mr. Wajid Mohammad Haseeb, Advocate.
For the Respondent(s) : Mr. Saad Rafi Ganaie, GA.
i) Whether approved for reporting in Yes/No Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. It is submitted by Mr. Wajid Mohammad Haseeb, learned counsel for the appellant that one of the grounds which was pressed before the learned Single Judge that the detention order was not sustainable for the reasons that it was passed on the very grounds on which the case stood registered by the Police in which he stood arrested. The submission that there was no possibility of the detenu being released in the criminal case and that no bail application was pending on the date of passing of the detention order.
Learned counsel for the appellant would submit that order dated 3 rd August, 2018, dismissing the HCP No. 15/2018 has failed to consider and decide this vital challenge raised by the appellant.
2. A perusal of the impugned order dated 3rd August, 2018 does not show that this point was placed or pressed before the learned Single Judge. The impugned 2 order does not indicate as to whether such a submission was actually made before it.
3. In view thereof, learned counsel for the appellant prays for leave to withdraw this appeal with liberty to seek review/verification before the learned Single Judge with regard to this aspect of the matter.
4. The present Appeal is, therefore, dismissed as withdrawn with liberty as prayed for.
5. It is made clear that we have not expressed any opinion on the merits of the rival contention.
6. Copy of this order be furnished to learned counsel for the appellant under the Seal and Signatures of the Bench Secretary.
(DHIRAJ SINGH THAKUR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
18.09.2018:
Tilak, Secy.