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| Petition seeking transfer of much publicized Ganderbal custodial death case | | HC directed SP Jail Srinagar regarding security of the petitioner | |
Jammu, March 07, 2007
Justice YP Nargotra of J &K High Court Jammu wing in a criminal transfer application filed by Bahadur Ram Kaith, DySP allegedly involved in much publicized custodial killing of Abdul Rehman Padder s/o Ghulam Rasool Padder r/o Larnoo, Kokernag Anantnag, after hearing Advocate Sunil Sethi appearing for the petitioner, issued notice to state of J&K through Principal Secretary Home, SHO P/S Batmaloo and Superintendent Central Jail Srinagar returnable within two weeks and in the meanwhile the Superintendent Jail Srinagar shall look into security aspect of the petitioner inside the jail.
In the petition it has submitted that a criminal challan titled State of J&K through P/S Batmaloo Vs Hans Raj Parihar and others pending before the Court of Sessions Judge Srinagar seeking transfer of case from the said Court to any other Court of Competent and parallel jurisdiction at Jammu or at any other place.
In the petition it has been submitted that petitioner was posted as DySP (operations) SOG Ganderbal in 2003 and had performed his duties for the last four years there. During the period the petitioner had been involved in various numbers counter-insurgency operations and his personal devotion towards his duties and maintaining peace etc while containing the militancy has been major factor for ringing situation to near normalcy in Ganderbal area of Kashmir. Because of the active involvement in counter-insurgency operations the petitioner was an eyesore for the militants both underground and their over ground sympathizers and anti-national elements who are on parole to implicate the petitioner and false and frivolous allegations to cause damage to his service and reputation and this even attempts have been made number of times to physically eliminate the petitioner also.
In the petition it was further submitted that petitioner’s contribution towards of the cause of nation and for maintaining the integrity of the country was not to liking of the militants and their sympathizers and the petitioner has been falsely implicated in an FIR No 6/2007 registered by P/S Batmaloo Srinagar registered on January 23, 2007 with regard to some alleged occurrence of August 8, 2006. The said FIR narrates a false and frivolous story of alleged custodial killing of one Abdul Rehman Padder. The petitioner has made as one of the accused along with proforma private respondents who are arrayed as co-accused in the above said FIR. The Batmaloo police station after completing the formalities has filed the charge-sheet on February 28, 2007 before CJM Srinagar who has fixed the next date in the said case before the Court of Sessions Judge Srinagar March 8, 2007. The petitioner along with other co-accused are presently lodged in the Central Jail Srinagar which is occupied with by highly dreaded militants. The petitioner in view of the present scenario of hostility and antagonism in the valley seeks transfer of the above titled criminal challan for its trial from the Court of sessions judge Srinagar to any other Court of competent Court of jurisdiction either at Jammu or at any other place.
In the petition it has been further submitted that because of the undue media-hype is given to alleged custodial killing in which the petitioner has been falsely and wrongly involved and because of media-hype and publicity the appellant has been made a victim of circumstances, as persons having enmity and hostility against the petitioner because of his strenuous drive against antinational and militants have created circumstances against the appellant and during the course of trial may make attempts to physically eliminates the petitioner. The petitioner further submitted that pubic hostility and media-hype over the issue, political parties are making issues for political gains and there will be no justice, if the case is tried at Srinagar.
The petitioner further submitted that if the case in question is not transferred for trial and disposal under law, at Jammu, that may prove counter protective and fatal to the petitioner in view of grave and serious threat to his life from the militants and militant organization. With these submissions petitioner prayed before the Court for transfer of the case from
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