Justice M.A. Chowdhary

preventive detention over 19-year-old FIR
Case BriefsHigh Courts

“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”