List on 01.06.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document

By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated.

Today yet again Mr. Haqani is not present and a request is made for adjournment.

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

--2--

Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated.

List again on 27th May, 2020.

(Dhiraj Singh Thakur) Judge Srinagar:

" It is therefore, humbly prayed that a direction may kindly be given to the In Charge Sub District Jail, Kupwara to release the petitioners on bail after perusal of the report certified copy of which is placed on record and C. D file is called and the objections are called from the concerned prosecution agency and the arguments of both sides are heard in this behalf and till the instant bail application is finally decided the petitioners are making out a prima facie case for their release on interim bail and the accused may kindly be granted interim bail till the petition is finally decided as the same has been rules by the Hon'ble Supreme Court and the same prayer is made before this Hon'ble Court."

Learned counsel for the petitioner submits that despite the fact that the petitioner approached initially the Chief Judicial Magistrate, Srinagar, for registration of case against the respondent No. 6, by filing application/complaint under Section 156(3) Cr. PC, but even on the directions of the concerned Magistrate, the Crime Branch has not acted upon the directions. It is further submitted that the petitioner approached the respondent Director School Education, and brought into his notice the fraudulent approach adopted by the respondent No. 6 in fabricating the documents for excluding the role of petitioner as Chairman of the Holy Mission School, Narbal, Budgam, but no action is taken. It is submitted that on failure of the official respondents to take action in tune with the statutory provisions, the petitioner has no option but to approach this Court for seeking the relief as prayed for.

"6. Having said so, it would be open to the authorities concerned to consider the representation, if any, that is pending before them. However, no mandamus can be issued by this Court for enforcement of the clauses contained in the Transfer Policy for the purpose of enforcement.

02. In the present petition, the petitioner has impugned the order bearing endorsement No. GMS/B/20-1198 dated 12.03.2020, whereby, petitioner has, again, been transferred with immediate effect.

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

"a). A writ of mandamus commanding upon the respondents more particularly respondent No. 1, to consider and decide the application of petitioner forwarded by respondent No. 2 Director School Education, Kashmir, vide communication No. DSEK/Estt- III/B-Trs/06/2019/Kup/5092 dated 27.08.2019.

b) A writ of mandamus, commanding the respondents to consider the case of the petitioner for inter-District transfer in light of the policy in vogue and also in light of the Medical Board recommendations."

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.

2. The petitioner-detenu has challenged the order of detention on the following grounds:

"a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody;

b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

SWP No. 2648/2018;

CCP(S) No. 402/2019 regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to the petitioners. It is contended that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason. The petitioners claim that despite they having approached the respondents repeatedly, their salary was not released constraining them to approach this Court through the medium of writ petition bearing SWP No.2648/2018, wherein they prayed for the grant of following relief(s) in their favour:

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora, Pattan District Baramulla, is under detention.

2. Grounds pleaded in support of prayer are that after having been quashed the earlier detention order no. 66/DMB/PSA/2018 dated 20th August 2018, the detenu was again detained in terms of the detention order impugned in this petition on the so called "dossier" placed before respondent no.2, on the same and similar grounds. It is submitted that his further detention was necessary to prevent him from indulging in activities prejudicial to the maintenance of the security of the State and national law, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Baramulla. The earlier detention order was challenged in H.C. Petition No. 239/2018 which was allowed vide judgment dated 11th Dec. 2018, but instead of releasing him from custody, the detaining authority again passed the detention order impugned in the instant petition. During arguments the learned counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds HCP no155/2019 1|Page 2 thereof duly communicated to the detenu even though quite vague and unfounded.

In terms of order passed on 13th March, 2020, the Special Mobile Magistrate (Traffic), Srinagar, has submitted his own affidavit and those of his accompanying staff namely Gulzar Ahmad Shah (Nazir), Irfan Ahmad Ganai, (Driver); Ali Khan (S.I), Ghulam Mohammad (SgCT), Tariq Ahmad (Constable), Mohammad Younis (SgCT). The affidavits so filed are taken on record. Copy of the affidavits along with the report of the Special Mobile Magistrate (Traffic), Srinagar, be furnished to the respondent for her response to be filed by or before the next date of hearing with copy in advance to Mr. N. H. Shah, learned Sr. AAG.

List on 15th April, 2020.

CM NO. 1853/2020 By this application, the applicant/ respondent is praying for providing her the copy of the application and other relevant documents for enabling her to file reply.

Permission is granted and the objections as also the report submitted by Mr T. M. Shamsi, ASGI, is taken on record.

Perusal of the communication supra reveals that the detenue, on reference to Medical Superintendent of AIIMS Hospital on 3rd March, 2020, for medical examination, has been informed about constitution of Medical Board in terms of letter No. M.22- 9/Medical Board/ 2020-ESTT (H) dated 13.03.2020. The Medical Superintendent has, however, reported that at present the general condition and vitals of the inmate are stable and satisfactory. The communication further reveals that the detenue will be sent to the Medical Board as and when called by it.

Let Mr B. A. Dar, learned Sr. AAG, keep the detention records available on the next date of hearing.

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment Through the instant petition, petitioner father of detenu seeks quashment of detention order bearing no. DMS/PSA/81/2019 dated 16.08.2019, passed by District Magistrate Srinagar, whereby the detenu namely Tufail Ahmad Zaldar S/o Mohammad Shafi Zaldar R/o Ranger Stop Zaldar Mohalla, Saidakadal, Srinagar, is under detention.

2. In the dossier it is alleged that the detenu is involved in anti- national activities, disturbing the public tranquility and peace in the area of Saidakadal and its adjacent areas. It is submitted that the detenu was found indulging in disturvbing the maintenance of public order by way of resorting to stone pelting. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in cases FIR no. 70/2019 u/s 307, 147 RPC and FIR 47/2019 u/s 147, 148, 336 RPC registered at Police Station Nigeen. Therefore, on these allegations he was slapped under Public Safety Act, 1978.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1. The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District.

3.The Inspector of Police, Manur Police Station, Tirunelveli District.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1.The Third Additional District Judge (Special Court for PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Samayanallur Range, Madurai District.

3.The Inspector of Police, Allanganallur Police Station, Madurai District.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1.The Additional Sessions Judge for PCR Cases, Thirunelveli.

2.The Deputy Superintendent of Police, Srivaikundam Circle, Thoothukudi District.

2/4

http://www.judis.nic.in CRL.O.P.(MD)No.5122 of 2020

3.The Inspector of Police, Alwarthirunagiri Police Station, Thoothukudi District.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML 2/4

http://www.judis.nic.in CRL.O.P.(MD)No.5102 of 2020 To

1.The District Sessions Judge (Special Judge for P.C.R. Cases), Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1.The Principal Sessions Judge -cum- PCR Court, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2/4

http://www.judis.nic.in CRL.O.P.(MD)No.5135 of 2020

3.The Sub-Inspector of Police, Vellanoor Police Station, Pudukkottai District.

2. With the above directions, this Criminal Original Petition is closed.

24.03.2020 Index : Yes/No Internet : Yes/No SML To

1.The Third Additional District Judge / PCR Court, Madurai.

2.The Deputy Superintendent of Police, State of Tamil Nadu, Melur, Madurai District.

2/4

http://www.judis.nic.in CRL.O.P.(MD)No.5163 of 2020

3.The Sub-Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

2.Since the petitioner, who is the retired employee of the Transport Corporation, claims to have not been paid with the surrender leave salary of 24.5 days for the period from 2011 to 2019, the present writ petition has been filed seeking for direction in that regard.

3.The petitioner would submit that he has already made a representation dated 03.03.2020 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured.

2. The petitioners herein are the agent of M/s.Cochin Air Cargo Customs Clearing Agent (Shipping clearing and Freight Forwarding Agent) is licensed Customs Brokerage Company Lic No.1/2012, having office near at International Airport, Shanmugam, Trivandram, Kerala.

3. During the course of the business, the petitioners' concern got an order for shipment of “Air inlet automobile spare parts” from a new customer named 'Swiss Global' having office at New Delhi and after receiving KYC form, GST No., certificate of import export code, proprietor PAN and Aadhar card, accepted the shipment through Tiruchirappalli Airport. After getting shipment bills number from the exporter, the petitioners received the goods at Trichy Airport and the same has been sent for customs clearance on 09.06.2019. but, the second respondent did not give customs clearance due to non availability of E-way bill. After getting E-way bill from the exporter, the petitioners sent the same to the second respondent. But the second respondent detained the goods on 10.06.2019.

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