FEROZ AHMAD ZARGAR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged common order dtd. 2/2/2024, passed by Special Judge Designated under N.I.A. Act, Anantnag,(hereinafter referred as the "trial court") whereby the said Court has allowed the application of the respondents for recall of orders dtd. 11/8/2023, 31/8/2023 and 17/8/2023 passed in three different cases arising out of three different FIRs in which the petitioners are facing trial before the said Court.

(2.) It appears that petitioners No.1 and 2 are facing trial before the learned trial court in a case arising out of FIR No.514/2021 for offences under Sec. 307 IPC, 7/25 Arms Act, 18, 20, 38 ULAP Act registered by P/S Anantnag. Similarly, petitioners No.3, 4 and 5 are facing trial in a case arising out of FIR No.98/2020 for offences under Sec. 19, 20, 38 and 39 of ULAP Act registered with P/S Dooru Anantnag. Petitioner No.6 is stated to be facing trial in FIR No.27/2021 for offences under Sec. 7/25, 27 Arms Act, 3/4 5, 6 Explosive Substances Act and 307, 427 IPC registered with P/S Bijbehara. It also appears that during the pendency of the trial, petitioner No.1 was detained under Public Safety Act in terms of order No.1/DMA/PSA/DET/2022 dtd. 6/4/2022, petitioner No.2 was detained under Public Safety Act in terms of order No.12/DMA/PSA/DET/2022 dtd. 10/4/2022, petitioner No.3 was detained in terms of order detention order No.26/DMA/PSA/DET/2021 dtd. 30/6/2021, petitioner No.4 was detained in terms of detention dtd. 8/4/2021, petitioner No.5 was detained by virtue of detention order No.27/DMS/PSA/DET/2021 dtd. 30/6/2021 and petitioner No.6 was detained under Public Safety act in terms of order No.21/DMA/PSA/ DET/2021 dtd. 27/5/2021. After the passing of these detention orders, the custody of the petitioners was shifted to different jails in the State of Uttar Pradesh.

(3.) The record further reveals that during pendency of the trial, the order of detention of petitioner No.1 was quashed by this Court in terms of judgment dtd. 20/4/2023 passed in WP(Crl) No.219/2022, the detention order in respect of petitioner No.2 was quashed by this Court in terms of judgment dtd. 18/5/2023 passed in WP(Crl) No.150/2022, detention order of petitioner No.3 was quashed by this Court in terms of judgment dtd. 4/8/2022 passed in WP(Crl) No.100/2021, detention order of petitioner No.5 was quashed by this Corut in terms of judgment dtd. 8/7/2022 passed in WP(Crl) No.110/2021 whereas detention orders of petitioners No.4 and 6 came to an end upon their expiry.