Judicial fragility in Kashmir – an unfortunate perplexity in the wake of Article 370

Abstract

The recent orders passed in the case of Parimoksh Seth V/S State of J&K and Ors, instituted in 2015, and in the case of Ashok Kumar and others Versus State of J&K and others (2015), has exposed the fragility of the legal system in Jammu and Kashmir, due to the fact that the judiciary of the unfortunate area is under a dilemma wherein contradicting verdicts are common place. The judicial decisions rendered in the Valley, have especially been cited as examples of a judicial system mired in unfeasible myths, caused by previous government maladministration. This paper will inspect the judicial apathy towards a reformed State evolution, which is the need of the day.