Burn Hall Hihger Secondary vs Essa Shoaib (Minor) Through His Father on 10 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Burn Hall Hihger Secondary vs Essa Shoaib (Minor) Through His Father on 10 July, 2026

                                                               S. No. 109
    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
    
               Crl R 41/2026 CrlM(1069/2026) CrlM(1070/2026)
    BURN HALL        HIHGER       SECONDARY         ...Petitioner/Appellant(s)
    SCHOOL
    
    Through: Mr. Zahid Khan, Advocate with
             Ms. Sehreen Zehra, Advocate and
             Mr. Mehboob Sofi, Advocate.
                                    Vs.
    
    ESSA SHOAIB (MINOR) THROUGH HIS FATHER                   ...Respondent(s)
    
    Through:
    CORAM:
               HON'BLE MR JUSTICE SHAHZAD AZEEM, JUDGE
                                   ORDER
    

    10.07.2026
    CrlM No.1069/2026
    This is an application seeking exemption from placing on record the

    certified copy of the impugned order dated 27.06.2026.

    SPONSORED

    For the reasons stated in the application coupled with submissions

    made by learned counsel for the applicant/petitioner, the same is allowed

    and petitioner is exempted from placing on record the certified copy of the

    impugned order dated 27.06.2026. However the applicant/petitioner shall

    place on record the same within a period of two weeks.

    Application is disposed of.

    Crl R No.41/2026 CrlM No.1070/2026

    The petitioner has invoked the revisional jurisdiction of this Court

    under Section 102 of the Juvenile Justice (Care and Protection of Children)

    Act, 2015 [for short ‘the Act of 2015’], challenging the order dated
    27.06.2026, whereby the Child Welfare Committee (CWC) Srinagar, has

    issued various directions to the petitioner-School Authority.

    According to the learned counsel for the petitioner, while passing the

    impugned order dated 27.06.2026, CWC has not only exceeded its

    jurisdiction, but has also completely violated Sections 29, 30 and 33 of the

    Act of 2015.

    Learned counsel for the petitioner has relied upon the judgement dated

    19.12.2025, passed by the Coordinate Bench of this Court in case titled

    “Oasis Girls School Gogjibagh Vs. Ms. XXX(Minor), in support of his

    arguments.

    Issue notice to the respondents in the main petition as well as in CrlM

    returnable within a period of four weeks. Requisites within one week.

    List on 19.08.2026.

    Meanwhile, subject to objections from the other side and till next date

    of hearing before the Bench, the operation of the impugned order dated

    27.06.2026, passed by Child Welfare Committee, Srinagar, shall remain

    stayed.

    (SHAHZAD AZEEM)
    JUDGE
    SRINAGAR
    10.07.2026
    Ishaq



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