FAYAZ AHMAD RATHER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) These two Appeals, one filed by Fayaz Ahmad Rather and another by his counsel, Shri P. S. Ahmad, Advocate, are directed against judgement dtd. 11/1/2023, passed by learned Single Judge (Writ Court) in WP(C) no.2610/2022, whereby the Writ Court has dismissed the writ petition of the appellant herein ('the writ petitioner') along with costs of Rs.1,00,000.00, on the solitary ground of suppression of material facts and misleading the Court. The Writ Court has also deprecated the conduct of counsel for writ petitioner and has warned him to be very careful in future.

(2.) Both the writ petitioner and his counsel, Mr Ahmad, are aggrieved of the impugned judgement and have assailed the same on multiple grounds, more prominently on the ground that on the facts and on material on record there was no suppression of material facts and that the Writ Court could not draw distinction between the 'material facts' and 'unnecessary and peripheral facts'.

(3.) Before we advert to the grounds of challenge vehemently urged by Mr.Qayoom, learned counsel for appellants, we deem it appropriate to give brief resume of the factual antecedents leading upto the filing of the instant appeals.