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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, M.A. CHOWDHARY
Ashiq Hussain Factoo – Appellant
Versus
State Of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.
1) By this common judgment, we propose to decide the afore-titled Letters Patent Appeal filed by Ashiq Hussain Factoo, and two writ petitions, one filed by petitioner Ashiq Hussain Factoo and another filed by Nazir Ahmad Sheikh.
2) The Letters Patent Appeal arises out of judgment dated 16.11.2012 passed by the learned Single Judge, whereby the writ petition filed by Ashiq Hussain Factoo has been dismissed. Vide Writ petition bearing WP(Crl) No.02/2024, petitioner Ashiq Hussain Factoo has challenged Rule 54.1 of the Manual for Superintendence and Management of Jails in the State of J&K as also Order No.Home-73 of 2012 dated 23.08.2012 issued by the State of J&K. Vide order dated 23.08.2012 (supra), the claim of the petitioner for grant of remission has been declined. Vide Writ petition bearing WP(Crl) No.03/2024, petitioner Nazir Ahmad Sheikh has challenged Rule 20.10 of the Prison Manual of 2022 for the Superintendence and Management of Prisons in the Union Territory of Jammu and Kashmir.
3) It is pertinent to mention here that both the writ petitions i.e. WP(Crl) No.02/2024 and WP(Crl) No.03/2024 were initially filed before the Supreme Court of India. Howeve
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The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
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