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Kishtwar Roits Case: HC disposes plea of 'transfer of case' with directions
'Directs IGP to strengthen security inside the District Court Kishtwar'
11/26/2015 11:31:41 PM
Early Times Report

Jammu, Nov 26: In a reference seeking transfer of Kishtwar riots case on the ground of repeated disruption of court proceedings by the accused and their sympathizers and open threats issued to the Principal Sessions Judge, High Court (HC) today directed Inspector General of Police to strengthen security inside the District Court Kishtwar and investigate the incident by lodging FIR against the intruders, who barged into court room and threatened the Presiding Officer.
Justice Tashi Rabstan of J&K High Court Jammu Wing Deputy AG BS Jamwal appearing for the petitioner whereas Adv Yasser Ejaz Tak appearing for the respondents, observed that the in view of the compliance filed by the IGP Jammu and the fact that the presiding officer who has made the present reference has since been transferred and further observed that it would not be appropriate to transfer the case at this stage and disposed of the petition with the direction to Principal Sessions Judge Kishtwar to proceed with the case. In a reference, the Principal Sessions Judge Kishtwar said, "in the case titled State versus Adil Aslam Waza and Others, on May 7, the Trial Court framed charges against the accused persons under Section 302, 307, 148, 149 and 201 RPC. Though the accused persons pleaded not guilty, yet accused Adil Aslam refused to sign the charge form and disrupted court proceedings demanding that he be charged under Section 307 RPC".
"Later, on the intervention of counsel, Adil Aslam signed the charge form. But after one hour the family members and relatives of accused barged in the court room, disrupted court proceedings and demanded framing of charge under Section 307 RPC instead of Section 302 RPC. Besides this they also threatened the Presiding Officer which Principal Sessions Judge stated in the reference.
In this case, Court also referred to the want to disassociate herself from trial, she has prayed that the case may be transferred to any other court as it was not possible to hold a fair trial in the vitiated atmosphere at Kishtwar.
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