Srinagar, Jul 10: The High Court of J&K and Ladakh has ruled that once a criminal court records a compromise, disposes of the complaint and acquits the accused, it ceases to have jurisdiction over the proceedings unless a specific statutory provision permits further action. A bench of Justice Wasim Sadiq Nargal said this while allowing one Gulzar Ahmad Ganaie’s plea whereby he had sought to quash execution proceedings initiated by the Chief Judicial Magistrate (CJM), Budgam, to enforce a compromise reached in a cheque dishonour case.

In his plea, Ganaie had assailed the CJM’s orders dated November 17, 2025, and May 6, 2026, with the contention that the Magistrate lacked jurisdiction to entertain execution proceedings after the complaint had already been decided and he had been acquitted. The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act. During the pendency of the case, the parties entered into a compromise on July 26, 2024, under which Ganaie agreed to pay Rs 6.60 lakh to the complainant, while the complainant agreed to provide a patch of land to Ganaie. Acting on the settlement, the CJM dismissed the complaint and acquitted the accused.

Subsequently, alleging that the terms of the compromise had been violated, the complainant-initiated execution proceedings before the CJM.  The CJM entertained the application and subsequently directed the complainant to furnish details of the petitioner’s properties for attachment. Assailing the proceedings before the High Court, the petitioner argued that once the complaint had been disposed of and the accused acquitted, the criminal court had exhausted its jurisdiction and could not revive the matter by executing the settlement.

Before the High Court the question for consideration was whether, after recording the compromise between the parties and dismissing the complaint, the CJM retained jurisdiction to subsequently entertain execution proceedings and direct attachment of the petitioner’s property on the allegation that the terms of the settlement had not been complied with.

“Once parties voluntarily settle their dispute and place such settlement before the criminal court, it is open to the court to record the compromise and dispose of the complaint accordingly. Upon acceptance of the compromise and passing of a final order disposing of the complaint, the criminal proceedings attain finality,” the bench noted.    

The court observed that the criminal proceedings stood concluded and the Magistrate became “functus officio”. Thereafter, the criminal court ceased to possess any continuing jurisdiction over the complaint, it observed. The bench further noted that although the compromise had been recorded, the final order neither incorporated the terms of the settlement into its operative portion nor directed that the agreed amount would be recoverable under Sections 421 and 431 of the Code of Criminal Procedure.

It held that coercive recovery mechanisms available under criminal procedure can be invoked only when there is an executable judicial direction and not merely because parties have entered into a private settlement. The bench observed that while a settlement creates independent contractual rights and obligations between the parties, any breach gives rise to a fresh cause of action and cannot be enforced through execution proceedings before a criminal court after the complaint has attained finality.

Srinagar, Jul 10: Jammu and Kashmir Chief Minister Omar Abdullah on Friday said his National Conference (NC) party is seeking permission for a protest at Jantar Mantar, but alleged that some people were trying to “sabotage” their plan.

The NC had announced a sit-in protest in the national capital on July 20, the opening day of Parliament’s Monsoon Session, to press the Centre to restore Jammu and Kashmir’s statehood.

The party has also invited 52 leaders of political and religious outfits across the country to join its protest.

Speaking to reporters here on the sidelines of an event, the CM said the party is yet to get permission for the protest.

“On the 20th (of July), a programme is to take place, if we get permission for it. We are trying to get the permission,” he said.

Referring to permission granted to the Cockroach Janta Party for the protest, the chief minister said that while the digital outfit received approval within 24 hours, the National Conference had been waiting for the past 4-5 days.

Abdullah also alleged that some people were trying to “sabotage” the NC plan.

“We have been trying for four-five days. Some people are engaged in sabotaging our programme. They have changed their dates and matched them with our dates,” he said, without naming anyone.

To a question about the suspension of four teachers in Ganderbal district over irregularities in Amarnath Yatra duty, the CM said the issue is up to the Shrine Board, asserting the elected government does not interfere in the management of the annual Yatra.

“There might be interference in our work occasionally, but we do not interfere in the management of the yatra. Our role is to support. And every department has to play a role in yatra management and yatra support, that we have to fulfill,” he said.

Abdullah said most of the responsibility lies with the Tourism Department as it is the parent department for the yatra.

“The funds that are released happen through tourism; the coordination happens through tourism. So, from our side, our complete effort is that the Shrine Board should continue to receive the cooperation it should get from the government,” he said.

On the scope of religious tourism in J-K, Abdullah said there is no lack of potential for the sector in the region.

“There is something for every religion. We have shrines, mosques, gurudwaras, temples, churches, and stupas. Amarnath Yatra is underway, and you can see that the number of people on pilgrimage is much more than those who have registered. It is becoming difficult for the Shrine Board to adhere to the Supreme Court orders, which put a ceiling on the number of yatris. So, that is a part of religious tourism,” he said.

He also said that this year, more people came for the annual Kheer Bhawani Mela than last year.

“Last year, I think not more than 5-6 thousand people came. This time, 10,000 stayed there for the night. The number during the day was more than 30,000. Similarly, in other places, religious tourism is going on, whether it is in Jammu or in Kashmir,” he said.

Abdullah added that wherever shrines need to be repaired or renovated, or where access needs to be made easier, the government approves such projects wherever they come to it.

On the issue of climate change, Abdullah said it is a global problem and not a local one.

“If it were a problem of Srinagar or Kashmir, we would fix it. But this is a global problem. This problem has been created by those countries which made a lot of progress while creating the problem. When we fell behind, these countries went ahead like the G7 and G8, and became the most developed countries. They ruined the environment for their progress,” the chief minister said.

“Now that they have achieved progress, they are telling other countries to save the environment. Saving the environment is our responsibility; we have to do it. But no one can do it alone,” he said.

The CM said people need to acknowledge that climate change is a reality.

“Some people are not even ready to believe that. Even today, many people are absolutely not ready to accept this thing that there is climate change. Global warming is a thing,” he said.

He pointed out that mountains used to be adorned with snow even in summers, but now nothing of that remains.

“There was a time when the (Amarnath) Shivling would remain for 15, 20, 25 days for the pilgrims. Today, it hasn’t even been a week (it has melted). And this is something you cannot create artificially. You might remember a governor tried to make a fake one. What happened to that? You cannot do anything fake in this. It is made by the Almighty. It comes and goes. If we fix climate change, maybe it will last a little longer,” he said.

Abdullah also expressed hope that the tourism destinations closed in the wake of last year’s Pahalgam terror attack would be reopened soon.

He said Union Home Minister Amit Shah had assured him during his visit to Jammu earlier this year that those places would be reopened in summer.

“He had assured that it would happen in the summer months this year. I hope that when the Yatra ends and the forces that have been deployed for the yatra are redeployed, then these closed places will be reopened,” he added.

Srinagar, July 10: Mirwaiz-e-Kashmir Dr. Moulvi Mohammad Umar Farooq on Friday paid tributes to the July 13, 1931 martyrs, saying their sacrifice remains “etched in our collective memory” and that the people of Jammu and Kashmir will always honour them for their struggle for rights and dignity.

Addressing the Friday congregation at the historic Jamia Masjid in Srinagar ahead of the 95th anniversary of the killings, Mirwaiz recalled that 21 Kashmiris were shot while demanding basic rights, describing the incident as the beginning of the people’s long struggle for human rights and dignity.

“13th July is upon us, a day when we recount the sacrifice of 21 innocent Kashmiris who were shot dead on this day 95 years ago in 1931 for demanding basic rights, and laid the foundation for the long struggle of the people of Jammu and Kashmir for human rights and dignity,” he said.

Mirwaiz said the historic Jamia Masjid had witnessed the funeral prayers of the slain protesters, led by Muhajir-e-Millat Mirwaiz Moulana Muhammad Yusuf Shah and attended by tens of thousands of people.

He said that since the time of Mirwaiz Moulvi Muhammad Farooq, it had been a tradition to take out a peaceful procession to the Martyrs’ Graveyard to pay homage to the July 13 martyrs and renew the people’s commitment to peacefully pursue the ideals for which they laid down their lives.

Mirwaiz said that if the authorities permit, people would follow the longstanding tradition this year by visiting the Martyrs’ Graveyard at Naqshband Sahib after Zuhr prayers on July 13 to offer Fatiha and pay tributes.

Turning to the National Conference’s proposed protest at Jantar Mantar, Mirwaiz said he had received an invitation from party president Farooq Abdullah to participate.

He welcomed efforts aimed at restoring the rights of the people of Jammu and Kashmir, saying such initiatives were necessary if pursued with sincerity. He also said the National Conference government had a responsibility to fulfil its electoral promise of restoring Jammu and Kashmir’s pre-2019 constitutional position, including statehood and Articles 370 and 35A.

Srinagar, July 10: Apni Party president Altaf Bukhari on Friday accused the Omar Abdullah-led government of bringing development works in Kashmir to a standstill and using the demand for restoration of statehood to mask its governance failures. He also demanded a white paper on the utilisation of government funds, alleging that nearly ₹7,000 crore lapsed last year due to the administration’s inability to execute projects.

Addressing a press conference in Srinagar, Bukhari said more than half of Kashmir’s limited working season had already passed without significant progress on development works.

“In Kashmir, the working season lasts only from April till the end of September. More than 50 per cent of this period has already lapsed, yet hardly any developmental work is taking place. Roads are in a terrible condition, projects have come to a standstill, and contractors are on strike. The government has not even initiated talks with them,” he said.

Bukhari alleged that the slowdown in development appeared to be “a well-planned conspiracy” against Kashmir and claimed that local contractors were being systematically discriminated against.

He alleged that essential construction materials such as boulders, crushed stone and sand had been leased to outside contractors, who were selling them to local contractors at inflated prices.

“On one hand, local contractors are denied legal access to raw material, while on the other hand contractors executing Central Government projects are being allowed to extract soil and construction material from rivers, streams and mountains with extraordinary concessions. They are allotted multiple extraction sites and pay only nominal royalty, whereas local contractors are burdened with restrictions,” he alleged.

According to Bukhari, local contractors are allowed to procure raw material only from two designated locations, resulting in transportation costs that are nearly 50 per cent higher than those incurred by outside contractors.

He further alleged that the administration was imposing conditions for clearing contractors’ bills while simultaneously denying them access to legal sources of construction material.

“Every day, a new order is issued saying bills will only be cleared after royalty receipts are produced. But how can local contractors produce royalty receipts when the government itself is not providing them legal sources for raw material? The facilities available to outside contractors are not extended to local contractors,” he said.

Referring to the rise in bitumen prices following the Iran-US conflict earlier this year, Bukhari said the cost had increased from around ₹50,000 to over ₹1 lakh, making road construction significantly more expensive.

“When the government is asked why developmental works are not progressing, it blames contractors for not participating in tenders. But how can contractors come forward when they have not been paid for works executed over the years? Contractors have been financially crippled,” he said.

Bukhari alleged that payments for several works executed since 2016 were still pending and said the government’s failure to clear dues had discouraged contractors from taking up fresh projects.

He also accused the government of compromising construction quality by removing the earlier requirement that contractors undertaking road construction must own plants and machinery.

“There was a time when only contractors possessing proper plants and machinery were eligible for road works. That clause was removed merely to accommodate favoured people. We fully support quality construction, but quality can only be ensured when contractors have the necessary infrastructure. If a contractor does not even own a plant, how can quality be maintained?” he asked.

Launching a direct attack on Chief Minister Omar Abdullah, Bukhari said the government should stop attributing every administrative failure to the delay in restoration of statehood.

“Chief Minister Omar Abdullah, don’t hide your failures under the garb of statehood. Statehood has nothing to do with stopping development in Kashmir. You are the Chief Minister and it is your responsibility to deliver. Whatever powers are presently available with your government should be utilised instead of allowing development to come to a halt,” he said.

Bukhari further alleged that the government was deliberately allowing funds to lapse so that it could later claim it lacked sufficient powers to execute projects.

“It appears that funds are being allowed to lapse deliberately so that later the government can claim it wanted to undertake development but had no powers. If you already have administrative authority, why are you not using it?” he asked.

He said tourism alone could not address the economic needs of the people unless basic infrastructure was strengthened.

“Tourism is important and we fully recognise its importance, but tourism alone will not fill our stomachs. Tourists will come only when infrastructure improves. Our patients can receive proper healthcare only when hospitals are adequately developed. Roads, hospitals and civic infrastructure are equally important,” Bukhari said.

Questioning the government’s repeated announcements regarding financial assistance from the Centre, Bukhari demanded complete transparency over the utilisation of funds.

“Every few months the government thanks the Prime Minister for sanctioning ₹5,000 crore or ₹8,000 crore. A white paper should now be issued detailing how much money has been received since this government assumed office, how much has been spent and how much has lapsed. According to the information available to me, nearly ₹7,000 crore lapsed last year. The government must answer for this,” he said.

Bukhari said the public discourse had become excessively focused on statehood while issues of governance and development were being ignored.

“Everyone is talking only about statehood. But if development itself has stopped, how can we talk about progress? Wherever there are vested interests, permissions are granted overnight and work is completed immediately. But projects that benefit ordinary people continue to remain neglected,” he alleged.

Claiming that poor roads and civic infrastructure were visible across Srinagar as well as Baramulla, Sopore, Anantnag, Shopian and several other parts of the Valley, Bukhari urged the government to immediately resume stalled projects and make development its highest priority.

“People witness every day the condition of roads and traffic management. Developmental works are neither properly planned nor executed. My appeal to the government is to treat development as the highest priority and immediately resume stalled projects,” he said.

Srinagar, jul 10: Peoples Democratic Front (PDF) president Altaf Bukhari on Friday accused the Jammu and Kashmir government of prioritising tourism at the expense of basic infrastructure, alleging that development across the Kashmir Valley had virtually come to a standstill.

“Only tourism will not fill our stomach. It is important, but it is not the only important thing,” Bukhari said at a press conference, stressing that roads, hospitals and other public infrastructure required equal attention.

Claiming that more than half of Kashmir’s six-month construction season had already passed without significant work, Bukhari alleged there was a “well-thought-out conspiracy” to stall development in the Valley.

He said roads were in poor condition and criticised the government for failing to engage with striking contractors. He also alleged that construction raw materials had been leased to outside firms, forcing local contractors to buy them at inflated prices while enjoying fewer concessions.

Bukhari said soaring bitumen prices and pending payments for works executed since 2016 had crippled local contractors, making it difficult for them to participate in fresh tenders. He further alleged that the government had diluted quality standards by removing mandatory requirements for contractors to own construction plants and machinery.

Urging the administration not to blame every governance failure on the delay in restoration of statehood, Bukhari said the government should fully utilise the powers it already possesses.

Addressing Chief Minister Omar Abdullah, he said, “You are the Chief Minister. It is your responsibility to deliver.”

Bukhari also demanded a White Paper on the utilisation of development funds, claiming that ₹7,000 crore had lapsed last year. He alleged that projects moved quickly only in select areas while roads and public infrastructure in Srinagar, Baramulla, Sopore, Anantnag and Shopian remained neglected.

He urged the government to immediately resume development works, saying deteriorating roads, worsening traffic congestion and stalled infrastructure projects reflected a lack of planning and execution.