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Tag: Jammu and Kashmir High Court

  • Jammu and Kashmir HC quashes authorities order to take over madrassas in Kishtwar 

    By PTI

    JAMMU: Jammu and Kashmir High Court has quashed a authorities order to take over some madrassas in Kishtwar district, saying an official order issued final yr can’t be universally utilized to all such establishments within the Union Territory.

    Justice Sanjeev Kumar handed a three-page order final week after listening to a petition that challenged a July 3 order of the Kishtwar extra deputy commissioner, directing the administration of Charitable Educational Trust to right away hand over the possession of their madrassas (Islamic seminaries) to the administration.

    The petitioners knowledgeable the courtroom that the impugned order was violative of the rules of pure justice as no alternative of being heard was given to them.

    Besides, the belief has no hyperlinks with the Maulana Ali Miyan Educational Trust, Bathindi, the functioning of which was taken over on the orders of the Jammu divisional commissioner on June 14 final yr for misusing funds obtained from overseas NGOs, they mentioned.

    The authorities lawyer confirmed that the madrassas run by the petitioners are totally different from these of the Maulana Ali Miyan Educational Trust.

    However, he submitted that an investigation into unlawful funding of those seminaries is an ongoing train and the respondents are free to provoke motion towards any such madrassas discovered concerned in anti-national or anti-social actions and in addition these not able to elucidate the supply of their funding.

    “In view of the above, this petition is allowed by holding that the order of the divisional commissioner, Jammu, is applicable only to the madrassas run by the Maulana Ali Miyan Educational Trust and cannot be universally applied to all madrasas being run legitimately in the UT of Jammu and Kashmir,” the courtroom mentioned, quashing the impugned order of the Kishtwar extra deputy commissioner.

    The courtroom additionally made it clear that in case it involves the discover of the federal government throughout any investigation that the madrassas being run by the petitioners or others are working in violation of the legislation, it’s free to provoke acceptable motion after notifying and offering an sufficient alternative for a listening to.

    JAMMU: Jammu and Kashmir High Court has quashed a authorities order to take over some madrassas in Kishtwar district, saying an official order issued final yr can’t be universally utilized to all such establishments within the Union Territory.

    Justice Sanjeev Kumar handed a three-page order final week after listening to a petition that challenged a July 3 order of the Kishtwar extra deputy commissioner, directing the administration of Charitable Educational Trust to right away hand over the possession of their madrassas (Islamic seminaries) to the administration.

    The petitioners knowledgeable the courtroom that the impugned order was violative of the rules of pure justice as no alternative of being heard was given to them.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    Besides, the belief has no hyperlinks with the Maulana Ali Miyan Educational Trust, Bathindi, the functioning of which was taken over on the orders of the Jammu divisional commissioner on June 14 final yr for misusing funds obtained from overseas NGOs, they mentioned.

    The authorities lawyer confirmed that the madrassas run by the petitioners are totally different from these of the Maulana Ali Miyan Educational Trust.

    However, he submitted that an investigation into unlawful funding of those seminaries is an ongoing train and the respondents are free to provoke motion towards any such madrassas discovered concerned in anti-national or anti-social actions and in addition these not able to elucidate the supply of their funding.

    “In view of the above, this petition is allowed by holding that the order of the divisional commissioner, Jammu, is applicable only to the madrassas run by the Maulana Ali Miyan Educational Trust and cannot be universally applied to all madrasas being run legitimately in the UT of Jammu and Kashmir,” the courtroom mentioned, quashing the impugned order of the Kishtwar extra deputy commissioner.

    The courtroom additionally made it clear that in case it involves the discover of the federal government throughout any investigation that the madrassas being run by the petitioners or others are working in violation of the legislation, it’s free to provoke acceptable motion after notifying and offering an sufficient alternative for a listening to.

  • J&Okay HC will get new extra choose as President Murmu indicators her first warrant of appointment

    By PTI

    NEW DELHI: Droupadi Murmu has permitted her first judicial appointment as President, signing the warrant of the appointment of Rajesh Sekhri as an extra choose of the Jammu and Kashmir High Court.

    Murmu took over because the fifteenth President of India on July 25.

    Sources within the authorities stated that is the primary warrant of appointment President Murmu signed.

    “In exercise of the power conferred by clause (l) of Article 224 of the Constitution of India, the President is pleased to appoint Shri Rajesh Sekhri, to be an Additional Judge of the High Court of Jammu & Kashmir and Ladakh, for a period of two years, with effect from the date he assumes charge of his office,” stated a notification signed on Wednesday by an extra secretary within the division of justice right here.

    Sekhri was up to now serving as a judicial officer.

    The President indicators the warrants of appointment of judges of the Supreme Court and the 25 excessive courts.

    As on July 1, the Jammu and Kashmir High Court had a sanctioned energy of 17 judges however was functioning with 15

    NEW DELHI: Droupadi Murmu has permitted her first judicial appointment as President, signing the warrant of the appointment of Rajesh Sekhri as an extra choose of the Jammu and Kashmir High Court.

    Murmu took over because the fifteenth President of India on July 25.

    Sources within the authorities stated that is the primary warrant of appointment President Murmu signed.

    “In exercise of the power conferred by clause (l) of Article 224 of the Constitution of India, the President is pleased to appoint Shri Rajesh Sekhri, to be an Additional Judge of the High Court of Jammu & Kashmir and Ladakh, for a period of two years, with effect from the date he assumes charge of his office,” stated a notification signed on Wednesday by an extra secretary within the division of justice right here.

    Sekhri was up to now serving as a judicial officer.

    The President indicators the warrants of appointment of judges of the Supreme Court and the 25 excessive courts.

    As on July 1, the Jammu and Kashmir High Court had a sanctioned energy of 17 judges however was functioning with 15

  • J&K HC orders FIR towards Facebook, others in on-line fraud case

    The Jammu and Kashmir High Court has ordered the UT’s Crime Branch to register an FIR towards Facebook India Online Services and 7 others and conduct investigations right into a criticism of on-line fraud towards them.
    Setting apart an order handed by the Special Railway Magistrate, Jammu, Justice Dhiraj Singh Thakur of High Court ordered the Cyber Cell in-charge to register an FIR, which must be investigated by the Branch involved, “coping with cyber offences’’.
    The others towards whom the courtroom desires probe to performed are Hyderabad-based Facebook India’s nation head Ajit Mohan; Pune-based Bajaj Finance Limited and its MD, Rajiv Jain; Mohali-based Quadrant Televentures Ltd; in addition to administrators of Quadrant Teleservices Ltd – Dinesh A Kadam and Pritesh G Lahoti; and Aman Singh Chaurhdary, an worker of Bajaj Finserv.
    The order got here on a petition filed in HC by one Vivek Sagar towards an order of the Special Railway Magistrate, who, whereas disposing of a criticism of alleged on-line fraud, held that “ex facie the cognizable offences are found to have been committed’’ and directed the SSP, Crime Branch, Jammu, “to look into the allegations”. The trial courtroom held that “if some cognizable offence is found to have been committed by the accused persons, then only an FIR shall be registered and the occurrence shall be investigated forthwith”.

    The trial courtroom directed the SSP to submit compliance report with 15 days .
    The complainant’s counsel, mentioned that “if the learned magistrate was satisfied that cognizable offences were on the face of it had been committed, then there was no occasion for him to leave it open to the respondents to look into the allegations to determine whether cognizable offences had been committed”.
    In his criticism, Sagar had alleged that he had been duped of Rs 20,700 by on-line fraudsters on the pretext of granting him mortgage. The criticism was filed earlier than the Railway Magistrate after the police declined to register an FIR.
    The mortgage, in accordance with Sagar, was supplied by Bajaj Finance Ltd by means of Facebook.