Jammu and Kashmir High Court
LPA/120/2026 of MOHAMMAD ASHRAF SHEIKH Vs UNION TERRITORY OF J AND AND OTHERS (HOME) on 11 November 2026
No. 25 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 120/2026 in [HCP 8/2025] Mohammad Ashraf Sheikh …Petitioner(s)/Appellant(s). Through: Ms Nida Nazir, Advocate vice Mr. S.T. Hussain, Sr. Advocate Vs. Union Territory of J and K and Others
Serial No. 25
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA 120/2026 in [HCP 8/2025]
Mohammad Ashraf Sheikh
…Petitioner(s)/Appellant(s).
Through:
Ms Nida Nazir, Advocate vice
Mr. S.T. Hussain, Sr. Advocate
Vs.
Union Territory of J and K and
Others
...Respondent(s).
Through:
Mr. Bikramdeep Singh, Dy. AG
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
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ORDER
11.11.2026
1. Impugned in this Letters Patent Appeal is an order and judgment dated 29th April, 2026 passed by the Learned Single Judge of this Court [the “Writ Court”] in HCP No. 08/2025 titled “Mohammad Ashraf Sheikh vs. Union Territory of J and K and Others”, whereby the Writ Court has dismissed the Habeas Corpus Petition filed by the appellant to challenge his detention order passed by District Magistrate, Budgam vide no. DMB/PSA/11 of 2024, dated 23rd November, 2024.
2. The impugned judgment is called in question on multiple grounds. However, during the course of hearing, it was brought to our notice by the learned counsel appearing for the parties that the order of detention dated 23rd November, 2024. was executed upon the appellant on 26th November, 2024 and, therefore, the appellant would be completing the maximum period of his detention by 25th November, 2026.
3. Having regard to the fact that the detenu is to undergo detention for only a few days more, it would not be appropriate at this stage to go into the legality or otherwise of the judgment impugned passed by the Writ Court as also the order of detention passed by the District Magistrate, Budgam.
4. This appeal is, accordingly, disposed of with the direction to the respondents to release the appellant from the preventive detention immediately and forthwith on the expiry of maximum period of his detention of two years w.e.f 26th November, 2026, if not required in any other case.
5. This appeal is accordingly disposed of.
(MOHD YOUSUF WANI) (SANJEEV KUMAR) JUDGE
JUDGE SRINAGAR 11.11.2026 Shahid Manzoor