Jammu & Kashmir Administrative Services (JKPSC)

• 03 Sep 2024

Reassignment of NIA and Habeas Corpus Cases

Why in News?

Recently, NIA (National Investigation Agency) and Habeas Corpus cases at the J&K High Court were reassigned to a new bench in Srinagar following a series of rulings by Justice Sreedharan.

Key Points

• Roster Change: An order modified the existing roster for NIA and Habeas Corpus cases, shifting them from Justice Atul Sreedharan's bench to a new Special Division Bench of Justices Rajnesh Oswal and Mohammad Akram Chowdhary.
  • A roster is a systematic plan for assigning tasks to members of a High court to increase efficiency.
• Rarity of Shift: Midway shifting of cases from a particular bench to a completely new bench is a rare occurrence.
• Significant Rulings of Justice Sreedharan:
  • Public Safety Act, 1978 (PSA) Case: Justice Sreedharan in July 2024 imposed a fine on the District Magistrate for vague and confusing reasoning in a preventive detention case.
  • Fundamentalist Ideology: He challenged the labeling of a detainee as a "fundamentalist" and clarified its meaning in context in the August, 2023 case.
  • Policeman Bail Case: Granted bail to a policeman charged with murder due to a delayed trial, citing a violation of Article 21.
  • Fahad Shah Case: Questioned the application of UAPA (Unlawful Activities Prevention Act) charges against journalist Fahad Shah, noting insufficient evidence of incitement to violence.

Habeas Corpus

• It is a Latin term which literally means ‘to have the body of’. Under this the court issues an order to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.
• This writ is a bulwark of individual liberty against arbitrary detention.
• The writ of habeas corpus can be issued against both public authorities as well as private individuals.
• The writ, on the other hand, is not issued where the:
  • detention is lawful,
  • the proceeding is for contempt of a legislature or a court,
  • detention is by a competent court, and
  • detention is outside the jurisdiction of the court.

Landslide in Vaishno Devi Track

Why in News?

Recently, a landslide occurred on the new track to the Vaishno Devi shrine in Jammu and Kashmir’s Reasi district, affecting the route near Panchi, 3 km ahead of Bhawan.

Key Points

• Vaishno Devi Temple: Temple is located at 5,200 feet in the Trikuta mountains, sees over one crore visitors annually, with a 12 km trek from Katra.
  • Key Landmarks: Darshani Deodhi, Banganga, Chara Paduka, Indraprastha, Adhkuari, Garbha Joon, Himkoti, Haathi Matha, Sanji Chhat Bhavan, Sher ka Panja and Bhairon Mandir.
• Reasi, a town and notified area committee in Jammu and Kashmir, situated on the bank of the Chenab River. It was part of the Bhimgarh state established by Bhim Dev in the 8^th century AD.
  • Bhimgarh State, centered in Reasi, remained independent until 1822 when Raja Gulab Singh unified the small states in the region.

Landslide

• A landslide is a geological phenomenon involving the downward movement of a mass of rock, soil, and debris on a slope. This movement can vary in scale from small, localised shifts to massive and destructive events.
• Landslides can occur on both natural and man-made slopes, and they are often triggered by a combination of factors such as heavy rainfall, earthquakes, volcanic activity, human activities (such as construction or mining), and changes in groundwater levels.