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THE JAMMU AND KASHMIR REORGANISATION ACT, 2019.

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Jammu and Kashmir Mediation and Conciliation Rules, 2019.

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Selection Grade Judges

U.I.D No. JK 00032
Name:- Sh.Mohammad Yousuf Wani
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-58930-1380-67210-1540-70290
Permanent Address:- Brinty Batapora Dialgam Anantnag
DOB:- 24th Apr 1966
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 30/04/2015
Date of entry into present pay Scale:- 30/04/2015
Present Posting:- Principal District & Sessions Judge, Baramulla
Date of Posting at Present Place:- 30.03.2021

U.I.D No. JK 00033
Name:- Sh.Sanjay Parihar
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-58930-1380-67210-1540-70290
Permanent Address:- Village Horna Palmar Kishtwar
DOB:- 19th Dec 1968
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 30/04/2015
Date of entry into present pay Scale:- 30/04/2015
Present Posting:- Director, J&K Judicial Academy
Date of Posting at Present Place:- 30/03/2020

U.I.D No. JK 00035
Name:- Sh.Pawan Dev Kotwal
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-58930-1380-67210-1540-70290
Permanent Address:- Village Basnote, Udhampur
DOB:- 20th Mar 1961
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 28/07/2015
Date of entry into present pay Scale:- 28/07/2015
Present Posting:- Principal District & Sessions Judge, Kathua
Date of Posting at Present Place:- 30/05/2019

U.I.D No. JK 00036
Name:- Ms. Nighat Sultana
Cadre:- District and Sessions Judge
Pay Scale:- 57700-1230-70290
Permanent Address:- 58-BA/D Green Belt Gandhi Nagar Jammu
DOB:- 31th Aug 1961
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 27-05-2008
Date of entry into present pay Scale:- 27-05-2008
Present Posting:- Registrar Inspection, High Court of J&K, Jammu
Date of Posting at Present Place:- 30-03-2021

U.I.D No. JK 00038
Name:- Shri Shahzad Azeem
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-70290
Permanent Address:- Near Mini Secretariat, Mustafa Nagar, Gohlad, Mendhar, Poonch
DOB:-
Date of Entry into the Service:- 5/8/2011
Date of Entry into Present cadre:- 01/02/2017
Date of entry into present pay Scale:- 01/02/2017
Present Posting:- Registrar Vigilance High Court of J&K
Date of Posting at Present Place:- 30-03-2021

U.I.D No. JK 00039
Name:- Shri Yash paul Bourney
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-70290
Permanent Address:- Vill Dadwara Bhaddu Billawar Kathua
DOB:- 25th Aug 1967
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 01/04/2017
Date of entry into present pay Scale:- 01/04/2017
Present Posting:- Principal District & Sessions Judge, Udhampur
Date of Posting at Present Place:- 30-03-2021

U.I.D No. JK 00040
Name:- Shri Jaffer Hussain Beigh
Cadre:- District & Sessions Judge
Pay Scale:- 57700-1230-70290
Permanent Address:- Bhadarwah Distt. Doda
DOB:- 27th March 1965
Date of Entry into the Service:- 1/12/1997
Date of Entry into Present cadre:- 17/07/2017
Date of entry into present pay Scale:- 17/07/2017
Present Posting:- Principal District & Sessions Judge, Kathua
Date of Posting at Present Place:- 30-03-2021

U.I.D No. :- JK 00041
Name :- Shri Ashok Kumar
Cadre :- District Judge
Pay Scale :- 57700-1230-58930-1380-67210-1540-70290
Permanent Address :- R/O Village Thalela Thathri , Distt Doda
DOB :- 11th July 1966
Date of Entry into the Service :- 01-12-1997
Date of Entry into Present cadre :- 01-12-2017
Date of entry into present pay Scale :- 01-12-2017
Present Posting :- Pr. District & Sessions Judge, Poonch
Date of Posting at Present Place :- 30-03-2021

Shri Mohan Singh Parihar
JK 00042

U.I.D No. :- JK 00042
Name :- Shri Mohan Singh Parihar
Cadre :- District Judge
Pay Scale :- 57700-1230-58930-1380-67210-1540-70290
Permanent Address :- Village Kanthi-Kerole Tehsil & District Ramban
DOB :- 15th October 1961
Date of Entry into the Service :- 1.12.1997
Date of Entry into Present cadre :- 25-6-2001
Date of entry into present pay Scale :- 07-03-2019
Present Posting :- Special Judge Anti-Corruption, Jammu
Date of Posting at Present Place :- 30-03-2021

Shri Mohd. Ibrahim Wani
JK 00043

U.I.D No. :- JK 00043
Name :- Shri Mohd. Ibrahim Wani
Cadre :- District Judge
Pay Scale :- 57700-1230-58930-1380-67210-1540-70290
Permanent Address :- Mir Gund Pattan Baramulla
DOB :- 8th Oct 1962
Date of Entry into the Service :- 17-12-1997
Date of Entry into Present cadre :- 11/6/2001
Date of entry into present pay Scale :- 21-03-2020
Present Posting :- Principal District & Sessions Judge, Bandipora.
Date of Posting at Present Place :- 30-03-2021

Shri Mohammad Ashraf Malik
JK 00045

U.I.D No. :- JK 00045
Name :- Shri Mohammad Ashraf Malik
Cadre :- District Judge
Pay Scale :- 57700-1230-58930-1380-67210-1540-70290
Permanent Address :- D-8-Govt flates Silk factory road Solina Srinagar
DOB :- 25th May 1964
Date of Entry into the Service :- 1/12/1997
Date of Entry into Present cadre :- 11/6/2001
Date of entry into present pay Scale :- 01-04-2020
Present Posting :- Principal District & Sessions Judge, Budgam.
Date of Posting at Present Place :- 30/03/2021

Shri Ravinder Nath Watal
JK 00047

U.I.D No. :- JK 00047
Name :- Shri Ravinder Nath Watal
Cadre :- District Judge
Pay Scale :- 57700-1230-58930-1380-67210-1540-70290
Permanent Address :- House No 69 Durga Nagar Sec No.1 Lane no.3 Jammu
DOB :- 28th August 1966
Date of Entry into the Service :- 1/12/1997
Date of Entry into Present cadre :- 18-08-2001
Date of entry into present pay Scale :- 08-04-2020
Present Posting :- Principal District & Sessions Judge, Reasi .
Date of Posting at Present Place :- 30/03/2021

Shri Mohinder Kumar Sharma
JK 00048

U.I.D No. :- JK 00048
Name :- Shri Mohinder Kumar Sharma
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :- Lane No.6 Adarsh Vihar P.O Saimik Colony Jammu
DOB :- 4th Jan 1967
Date of Entry into the Service :- Nov. 1996
Date of Entry into Present cadre :- Aug. 2001
Date of entry into present pay Scale :- Aug. 2006
Present Posting :- Member Secretary, Jammu and Kashmir State Legal Services Authority and Ladakh Legal Services Authority.
Date of Posting at Present Place :- 25/10/2019

Shri Madan Lal
JK 00050

U.I.D No. :- JK 00050
Name :- Shri Madan Lal
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :- Vill & PO Ghou Manhasan A/P Anand Nagar Bohri H No 540 Lane B Behind State
DOB :- 7th Feb 1962
Date of Entry into the Service :- 1/12/1997
Date of Entry into Present cadre :- 7/2/2002
Date of entry into present pay Scale :- 01.01.2021
Present Posting :- Pr. District & Sessions Judge, Rajouri
Date of Posting at Present Place :- 30/03/2021

Shri Yashpaul Kotwal
JK 00051

U.I.D No. :- JK 00051
Name :- Shri Yashpaul Kotwal
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :- Village Gajoth, Tehsil Bhaderwah Distt.Doda
DOB :- 1-Jan-1964
Date of Entry into the Service :- 1/12/1997
Date of Entry into Present cadre :- 11/2/2002
Date of entry into present pay Scale :- 01.02.2021
Present Posting :- Pr. District & Sessions Judge, Kishtwar
Date of Posting at Present Place :- 30.03.2021

Ms. Jeema Bashir
JK 00052

U.I.D No. :- JK 00052
Name :- Ms. Jeema Bashir
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :- Lal Nagar Channapora Srinagar
DOB :- 14th May 1967
Date of Entry into the Service :- 12/1/1997
Date of Entry into Present cadre :- Feb-02
Date of entry into present pay Scale :- 01.02.2021
Present Posting :- PO, Fast Track Court for POCSO Cases, Srinagar.
Date of Posting at Present Place :- 30.03.2021

Shri Jawad Ahmad
JK 00053

U.I.D No. :- JK 00053
Name :- Shri Jawad Ahmad
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :- RO Mohalla Hamdanpur Doda City
DOB :- 01/May/1967
Date of Entry into the Service :- 1/12/1997
Date of Entry into Present cadre :- 20-08-2002
Date of entry into present pay Scale :- 01.03.2021
Present Posting :- Registrar General of the High Court of J&K.
Date of Posting at Present Place :- 19/06/2020

Shri Haq Nawaz Zargar
JK 00054

U.I.D No. :- JK 00054
Name :- Shri Haq Nawaz Zargar
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :-
DOB :-
Date of Entry into the Service :- 15/03/2013
Date of Entry into Present cadre :- 15/03/2013
Date of entry into present pay Scale :- 01.04.2021
Present Posting :- Principal District & Sessions Judge, Ramban
Date of Posting at Present Place :- 30/03/2021

Shri Tahir Khursheed Raina
JK 00055

U.I.D No. :- JK 00055
Name :- Shri Tahir Khursheed Raina
Cadre :- District Judge
Pay Scale :- 51550-1230-63070
Permanent Address :-
DOB :-
Date of Entry into the Service :- 15/03/2013
Date of Entry into Present cadre :- 15/03/2013
Date of entry into present pay Scale :- 01.05.2021
Present Posting :- Principal District & Sessions Judge, Kulgam
Date of Posting at Present Place :- 30/03/2021

Judgement Headlines

CRM(M) No.653/2019
Arshad Ahmad Allaie v. UT of J&K & Anr.
Pronounced on: 06 July, 2021

Hon’ble High Court of Jammu & Kashmir while deciding a petition whereby the petitioner had challenged an order granting extension of period of custody of accused beyond 180 days passed by a Sessions Court in terms of Section 36-A of NDPS Act and was claiming entitlement for default bail, ruled that where an accused is facing investigation for offences under UAPA together with offences under NDPS Act, concerned Sessions Judge under Section 36 of NDPS Act is vested with jurisdiction to extend the custody of such an accused beyond the period of 180 days subject to fulfilment of the conditions mentioned in proviso to sub-section (4) of Section 36A of NDPS Act. It was observed that jurisdiction to extend detention of an accused beyond the period of 90 days in relation to a case where the accused is booked for offences under UA(P) Act, which is included in the Schedule appended to NIA Act, vests with Special Court constituted in terms of provisions of NIA Act and Proviso to subsection (4) of Section 36-A gives jurisdiction to Special Court to extend the custody of a person who is accused of offences under NDPS Act beyond 180 days up to one year on the report of the Public Prosecutor indicating progress of the investigation and the specific reasons for detention of the accused beyond said period of 180 days. Further observing that Section 36-D of the NDPS Act provides for a situation where Special Courts in terms of Section 36 of the NDPS Act have not been constituted, The Hon’ble Court pointed out there is high pendency of cases related to offences under NDPS Act in JK and in the absence of Special Courts, these cases are being tried by ordinary Sessions Courts thereby resulting in delay in disposal of these cases and the very object of the Act is getting defeated. The court expressed its anguish and dismay for the manner in which "the successive governments of erstwhile state of JK and now union territory of JK have dragged their feet on constitution and setting up of Special Courts in terms of Section 36 of NDPS Act in this part of the Country " and asked the government to take immediate steps for setting up of Special Courts for speedy disposal of cases related to offences under Narcotic Drugs and Psychotropic Substances Act, (NDPS) 1985.

Bail App No.253/2020
Sohan Singh v. Union Territory of J&K
Decided on: 24 June, 2021

Hon’ble High Court of Jammu & Kashmir while dismissing a Bail application observed that case where gravity of offence alleged against an accused is severe, the bail cannot be granted only on the ground of long incarceration. The Petitioner in this case was incarcerated since 31st December, 2012 for allegedly committing an offence under Section 302 of RPC. He was charged by the Trail Court in February 2014 and subsequent developments pertaining to impleadment of more persons as accused led to stay of Trial by the Supreme Court in December 2016. According to the petitioner, there has been unexplained and unreasonable delay in completion of the trial of the case, which entitles him to the grant of bail. The High Court opined that nature of accusation and the severity of punishment in case of conviction has to be kept in mind before granting bail. Referring to case law case of Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav and another, (2004) 7 SCC 528, the Bench observed that the conditions laid down in Section 437(1)(i) of Cr. P. C are sine qua non for granting bail even under Section 439 of the Code, meaning thereby that in a case where a person is alleged to be involved in a offence punishable with death sentence or imprisonment for life, he cannot be released on bail if there appear reasonable grounds for believing that he has been guilty of such an offence. It was also observed that as per case law State of UP through CBI v. Amaramani Tripathi, (2005) 8 SCC 21, a detailed examination of the evidence is to be avoided while considering the question of bail, to ensure that there is no pre-judging and no prejudice. The Bench further held that: “It is true that some delay in completion of trial has taken place on account of restrictions in physical hearing of cases due to COVID-19 pandemic but that is an eventuality beyond the control of everybody. The same cannot be the sole ground for enlarging an accused on bail, particularly in a heinous offence like murder. Even otherwise, the Supreme Court in Kalyan Chandra Sarkar’s case (supra) has clearly laid down that in a case where gravity of offence alleged against an accused is severe, the bail cannot be granted only on the ground of long incarceration.” With these observations, the petition was dismissed.

CrLA(D) No. 08/2020
Vishal Sharma v. Union Territory of Jammu and Kashmir through SHO P/S Domana and Anr.
Pronounced on: 02 June, 2021

A Division Bench of Hon’ble High Court of Jammu and Kashmir refused to suspend the sentence for the three convicts in the 2008 Deputy Advocate General Murder case and said it cannot overlook the fact that the accused-applicants have been held guilty and convicted for commission of a "heinous offence against the then serving Law Officer". The Hon’ble Bench referred to the judgement of the Apex court passed in case titled as “Preet Pal Singh Vs. State of UP” reported in 2020 (4) SCC 201 and reiterated that power of suspension of sentence by Appellate Court under Section 389 Cr.P.C confers 'discretionary jurisdiction' and has to be "exercised sparingly". “A plain reading of Section 389 Cr.P.C, makes it is clear that the Section confers discretionary jurisdiction on Appellate court to suspend the execution of sentence during the pendency of the appeal on valid reasons recorded in writing. Law being settled that although the High court is not debarred from suspending the sentence and granting bail to a convict but that power has to be exercised sparingly while objectively assessing the matter and that too in the particular circumstances of each case.” It further noted that they were convicted after a full trial for about twelve 6 years by the Trial Court upon evaluation of ocular, circumstantial, medical and scientific evidence and were sentenced to life by a Court of Additional Sessions Judge, Jammu in July 2020. The applicant-accused had also applied for bail on the premise that they have been under incarceration for the last more than 10 years and there is no possibility of adjudication/disposal of their respective appeals by the Court in near future. The Bench held that a conjoint reading of the applications in hand would reveal that in none of the said applications the applicants have spelt out any cogent ground giving rise to substantial doubt about the validity of the conviction, or that there is likelihood of unreasonable delay in disposal of their appeals. The applicants in the peculiar facts and circumstances of the case were not held entitled to suspension of sentence and consequent grant of concession of bail during pendency of their respective appeals and as such, applications were dismissed.

CM(M)No.1/2021
Amar Nath and Another v. Darshana Kumari & ors.
Decided on: 04 June, 2021

In a petition invoking the supervisory jurisdiction of the Hon’ble High Court of Jammu & Kashmir Court vested in terms of Article 227 of the Constitution, the petitioner sought quashment of the proceedings initiated by the Trial Court on a suit filed by respondents aggrieved of the fact that the same is third suit in succession filed by the respondent No.1 to 3 on same cause of action and that he has raised the plea of non-maintainability of the suit and sought rejection of the plaint in terms of Order VII Rule 11 CPC but the same is not being decided by the trial court. The Hon’ble Bench held that once a plea of non-maintainability of suit is taken by the party and particularly when a specific application under Order VII Rule 11 CPC is moved seeking rejection of the plaint, it is a bounden duty of the civil court trying the suit to first advert to and decide the said application. The Court disposed of the petition directing the trial court to consider and decide the application under Order 7 Rule 11 CPC at the earliest and in any case not later than two months from the date copy of the order is received by the trial court.

CRM (M) 214/2019
Altaf Hussain Mufti v. Javed Choudhary
Decided on: May 20, 2021

“What emerges from the aforesaid analysis it is deducible that both the elements i.e. mens rea and act us rea, sine qua non for constituting an offence of defamation are found missing in the article in question in its entirety. There has been neither any intent on the part of the petitioner to cause harm to the reputation of the complainant respondent herein nor is it discernible that any actual harm has been done to the reputation of complainant respondent herein, more particularly in view of the fact that the complainant respondent herein has been found eligible for promotion as Principal GMC Srinagar by the government. The case of the petitioner indisputably can be said to fall within the above exceptions appended to section 499 IPC.” “As per the mandate of section 267 and 268 of the Code of Criminal Procedure (now sections 227 and 228 of the Cr.P.C.), while considering the issue of framing of charge/discharge of the accused, the learned trial court has to form an opinion on the basis of material placed on record by the Investigating Officer as to whether there is sufficient ground for presuming that the accused has committed an offence or not and the material on record would constitute the statement of witnesses, injury report/post-mortem report along with other material relied upon by the prosecution. At this stage, learned trial court cannot indulge in critical evolution of the evidence, that can be done at the time of final appreciation of evidence after the conclusion of the trial.

CRR No. 27/2010
State of J&K and Anr v. Tanveer Ahmad Salah and Ors
Decided on: May 19, 2021

A Single Bench of the Hon’ble High Court of J&K while deciding a revision petition preferred against the order passed by the Court of Learned 1st Additional Sessions Judge, Baramulla by virtue of which the respondents have been discharged for commission of offences under sections 302, 307 RPC and section 3 of the Public Properties (Prevention of Damages) Act and have been ordered to be charged for commission of offences under sections 304-A, 323, 336, 341, 427, 148 and 149 RPC ,observed that at the stage of considering the issue of framing of charge/discharge of the accused, the trial court should not conduct a mini trial and rather should form an opinion on the basis of material placed on record by the Investigating Officer as to whether there is sufficient ground for presuming that the accused has committed an offence or not.

CRM(M) No. 146/2021
Zulfikar Hussain Dar v. Aijaz Ahmad Dar
Decided on: May 17, 2021

The Bench while reiterating the ingredients of Section 138 of the N.I. Act observed that neither at the time of taking cognizance of the complaint nor at the time of issuance of process the accused in required to be heard in the matter. The accused comes into picture only after the process for his appearance in the criminal complaint is issued and he appears before the Magistrate. Further, while holding that the stage of taking cognizance of an offence upon receiving a complaint precedes the examination of complainant and his witness under Section 200 Cr.P.C, the Court also delved into the true meaning of the word ‘cognizance’ and at what stage of proceedings the Magistrate is obliged to take it before proceeding further in the matter. It was observed, “cognizance’ in general meaning is said to be ‘knowledge’ or ‘notice’ and taking cognizance of offences means, ‘taking notice’ or ‘become aware of the alleged commission of offence’. The dictionary meaning of the word, ‘cognizance’ is ‘judicial hearing of a matter’. The term ‘cognizance of offence’ is nowhere defined in the Code of Criminal Procedure. Sections 190 to 199 of the Cr.P.C deal with method and the limitations, subject to which various Criminal Court sought to take cognizance of offences.

Bail App. No. 139 of 2020
Badri Nath v. Union Territory of J&K
Decided on: December 11, 2020

The presumption of guilt engrafted in sec 29 of POCSO Act gets triggered and applies only once trial begins, that is after charges are framed against the accused and not before that. But at the time of considering bail application of accused under sec 3, 5, 7 & 9 of POCSO Act, the presumption under sec 29 of the said Act would come into play at the pre-trial stage. It is necessary for all the Special Courts constituted under the POCSO Act within the Union Territories of J&K and Ladakh, to ensure that the victim/Child Welfare Committee is informed about the proceedings in bail petitions of the persons accused of having committed offences under the aforesaid Act by issuing prior notice to them. Rejection of bail application by an inferior court does not operate as a bar for the superior court in entertaining similar application on same facts and same offence.

SLA No. 38 of 2018
State of J&K v. Mohd. Imran Khan
Decided on: December 24, 2020

The High court directed all Courts of UT of J&K and Ladakh to avoid disclosing identity of rape survivors in their proceedings and judgments. The Court further issued directions to health professionals of UTs of J&K and Ladakh to desist from undertaking 'two finger test' known as 'per vaginal examination' on rape survivors. Proper measures should be taken to ensure the safety of rape survivors and no arbitrary or unlawful interference should be there with their privacy.

CRM(M) 259 of 2019
Satpal Sharma v. Pawan Singh Rathore, Ex Vice Chairman, JDA
Decided on: December 17, 2020

The order u/sec. 156(3) CrPC is an interlocutory order and no revision against the same lies. In an application under section 156(3) the suspect named in the application under section 156(3) does not have a right to be heard at the time of registration of a F.I.R.

Crl LP(D) 02/2020
Union of India, National Control Bureau v. Rafi Ahmad
Decided on: December 15, 2020

The statement recorded under Section 67 of NDPS Act without corroboration is sufficient to convict an accused, but for that, the court has to be satisfied about its voluntary nature. Confessional statement recorded under Section 67 of NDPS Act cannot be used as being barred under the provision of Section 25 of the Evidence Act.

CRMC No. 105 of 2018
Syed Zubair Shah & Ors. v. Farhat Rashid Sheikh
Decided on: December 04, 2020

Once the cause of action for a particular relief is continuing, the application under Domestic Violence Act cannot be dismissed being time barred. Petition cannot be dismissed at the threshold on the issue of maintainability when there are disputed questions of facts, which require adjudication.

News & Notifications

14th of September 2021
Notification regarding Instructions for smooth conduct of Higher Judicial Service Examination Scheduled on 18th and 19th of September 2021

9th of September 2021
Webinar on "Emerging Trends in Victimology-Striking balance with Pardons, Remissions and Sentencing'.

06th of September 2021
Newsletter of the eCommittee, Supreme Court of India for the month of June,2021

06th of September 2021
Newsletter of the eCommittee, Supreme Court of India for the month of May,2021

06th of September 2021
Newsletter of the eCommittee, Supreme Court of India for the month of April,2021

26th of August 2021
Recruitment of District Judges(Direct Quota) in pursuance to Advertisement Notification No. 1160/GS dated 05.11.2018, for filling up of 07 posts.

30th of July 2021
Newsletter of the eCommittee, Supreme Court of India for the month of March,2021

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