After proceedings against deceased accused in an encounter-related UAPA case had abated, investigators sought permission to examine an alleged wider conspiracy, financing and support network.
Judge / Bench — Hon’ble Dr. Pushpendra Singh Bhati, Chief Justice; Hon’ble Mr. Justice Rajesh Sekhri, Judge
The trial court refused, reasoning that the relevant material had already been available. Allowing the appeal after condoning fifty-nine days’ delay, a Division Bench of the Jammu & Kashmir and Ladakh High Court emphasised the breadth of Section 193(9) BNSS, corresponding to Section 173(8) CrPC, and the need for further investigation where the wider criminal activity required examination. It set aside the refusal and permitted investigation and a supplementary chargesheet. The ruling does not accept the allegations as proved: any resulting material remains subject to the trial court’s scrutiny in accordance with law. Its permission is expressly tied to the case’s circumstances.
Case — Union Territory through Police Station Behibagh v. Yasir Javaid Bhat (Deceased) and Others · CrlA(NI) 19/2026; CrlM 1937/2026 and 1938/2026 · 2026-10-14 · Srinagar wing
Advocates appearing — Appellant-UT — Mr. Mohsin S. Qadri, Sr. AAG, with Ms. Maha Majeed, Assisting Counsel. Respondents — Not named in the judgment/order. Mr. Aamir Rahim, Senior Prosecuting Officer, SIA Kashmir, and Mr. Mohd. Shafeeq, Dy.SP, SIA Kashmir, attended as investigating officials, not as respondent advocates.