SrinagarObserving that life and liberty of the citizens of the state are of paramount importance, the Jammu and Kashmir High Court has quashed detention order under Public Safety Act against nine detainees and directed government to release them forthwith, unless required in any other case.
Life and liberty of the citizens of the State are of paramount importance. A duty is cast on the shoulders of the Court to enquire that the decision of the Executive is made upon the matters laid down by the Statute and that these are relevant for arriving at such a decision, said a vacation bench of Justice M K Hanjura said, reiterating that a citizen cannot be deprived of personal liberty, guaranteed to him/her by the Constitution, except in due course of law.
Subsquently, the court quashed the detention orders against nine detainees, represented by advocates Mir Shafaqat Hussain, Mian Tufail and Wajid Haseeb.
The detainees whose detention orders were quashed include Ashiq Hussain Bhat son of Ghulam Rasool Bhat of Ichhgam Badgam, Mohd. Lateef Dar of Late Ab. Gani Dar of Zawoora Shopian, Hashim Ahmad Dar son of Farooq Ahmad Dar of Dar Mohalla Khanpora Baramulla, Ashiq Hussain Teli son of Mohammad Ashur Teli of Mohalla Teliyan, Sopore Baramulla, Zubair Mohi-ud-Din Sheikh alias Janna son of Ghulam Mohi-ud-Din Sheikh of Fatehgrah, Sheeri Baramulla, Abdul Gani Rather son of Ramzan Rather of Waghama, Manzoor Ahmad Bhat son of Mohammad Sultan Bhat of Krumhoora Kupwara, Shahid Ahmad Wani son of Ghulam Ahmad Wani of Kanigam Chitragam Shopian, and Ashiq Ahmad Magray son of Ghulam Nabi Magray of Kandi Khas of Handwara Kupwara.
Special Circumstance Key To Set Aside Ex-Parte Decree: Court
The Jammu and Kashmir High Court on Wednesday said that special circumstances and not just sufficient cause was important for setting aside an exparte decree.
’Special Circumstances cannot be equated with Sufficient Cause, as provided under Order 9 Rule 13 of the Code of Civil Procedure. Order 37 Rule 4 of the Code of Civil Procedure provides distinctly, explicitly and in plain language that after the decree, the court may, under Special Circumstances, set aside the decree, a vacation bench of Justice M K Hanjura said while dismissing a plea by filed by one Noor Mohammad Rah against a decree (verdict) by 2nd Additional District Judge, Srinagar on a suit filed by Bashir Ahmad Wandroo.
Wandroo had filed a summary suit for the recovery of Rs 20 lakhs alongwith interest in the Court of the 2nd Additional District Judge, Srinagar, under Order 37 of the Code of Civil Procedure against the Rah. The suit was determined by the 2nd Additional District Judge, Srinagar, by a judgment and decree on 5 June last year and, accordingly, the Rah was directed to pay Rs. 20 lakhs to the Wandroo at the rate of 9 percent interest per annum together with the costs of the suit calculated at Rs 35,000.
Therefore, on this analogy a cause which may be sufficient will not entitle an applicant to seek setting aside of an exparte decree. The Special Circumstances have to be established and shown by the applicant to carve out a case in his favour. Not only this, in any case, where a decree is passed under Order 37 of the Code of Civil Procedure and an application is made for setting aside the same, the judgment debtor/ defendant has to disclose his defense.
Referring to the plea, the court said Rah has not disclosed the facts as would impel the court to grant him the leave to defend the case.
Looking at the enunciations of law and the facts and circumstances detailed in the revision petition (before 2nd additional judge), the order of the trial Court appears to be a reasoned one. It does not call for any interference, the court said and dismissed Rahs plea. While advocate Irshad Ahmad appeared for Rah, Wandroo was defended before high court by advocate Javed Iqbal
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