The Jammu & Kashmir and Ladakh High Court at Srinagar has dismissed a petition seeking deferment of a criminal appeal on the ground that the petitioner was suffering from “Adjustment Disorder with Depressed Mood.”
Justice Rahul Bharti held that the medical certificate relied upon by the petitioner did not establish that his condition disabled him from attending to his legal affairs. The Court also noted that the petitioner was already represented by an advocate in the pending appeal.
Background Of The Case
The petitioner, Hakeem Zaffar Ahmad, had approached the High Court against the refusal of the Additional Sessions Judge, Srinagar, to defer proceedings in his criminal appeal.
The appeal arose from a judgment of conviction dated September 10, 2025, passed by the Judicial Magistrate 1st Class (City Judge), Srinagar. The Additional Sessions Judge had declined the request for postponement on June 30, 2026.
The petitioner relied on an illness certificate dated April 2, 2026, issued by the Medical Superintendent of Government Psychiatric Diseases Hospital, Rainawari, Srinagar. The certificate described his condition as “Adjustment Disorder with Depressed Mood.”
High Court’s Observation
The Court observed that an appeal does not require the appellant himself to appear and argue the matter when legal representation is available.
“The appeal is not a matter in which an appellant himself or herself is supposed to appear and argue.”
Justice Bharti further noted that advocate Mehboob Sofi was assisting the petitioner in the appeal and could represent him before the Additional Sessions Judge.
The Court also observed that the petitioner had not produced the medical certificate sought earlier, which was expected to specify whether his condition actually disabled him from handling his legal affairs.
Decision
The High Court found no illegality in the Additional Sessions Judge’s refusal to defer the appeal hearing. It also noted that the criminal case concerned a conviction under Section 138 of the Negotiable Instruments Act relating to dishonoured cheques amounting to Rs. 40 lakh.
Accordingly, the petition was dismissed at the inception stage.
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