Jammu & Kashmir High Court: Pending Criminal Case Doesn’t Extinguish Right To Sell Property

The Jammu & Kashmir High Court clarified that the mere pendency of a criminal case against an accused does not automatically extinguish their legal right to sell property. The Court ruled that unless there is a specific order of restraint from a competent authority or attachment under law, the property rights of the accused remain intact. This judgment draws a clear line between criminal proceedings and civil property rights, preventing undue restrictions on ownership in the absence of statutory provisions. The decision ensures that legal rights in property are not curtailed arbitrarily and emphasizes the presumption of innocence until proven guilty.