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| SC orders transfer of police officials’ trial | | Pakherpur encounter case | | New Delhi | Mar 23
A Division Bench of Supreme Court of India comprising Justice Ashok Bhan and Justice Dalveer Bhandari, in a SLP filed by father of police official facing trial in the court of Sessions Budgam in Pakherpur encounter case, has directed transfer of proceedings arising out of FIR NO 77/2003 to the District & Sessions Judge Jammu.
This significant direction was passed by the Apex Court of India in an appeal filed by Janak Singh father of Ichpal Singh, a member of SOG who along with other police officials, including SI Waris Shah on the intervening night of June 1/2 1999, received a specific information about the presence of militants in the village Phakurpur, Budgam. The members of the SOG reached the spot where an encounter took place. One of the members of the SOG received gun-shot injury. On a media report, the State Human Right Commission took suo-moto cognizance and enquired into the matter and finally recommended registration of murder case against the members of the SOG. The deceased in this case was a hardcore militant, who was wanted by the police in number of cases. Crime Branch on September 20, 2003 registered a case u/s 302/120-B against the members of the SOG team Pukharpur. It was further submitted in the SLP that no lawyer agreed to represent case before the Sessions Court Budgam since the atmosphere in the said district was extremely hostile and on account of militants threat the lawyer engaged under compulsion from Srinagar also failed to put their appearance on behalf of the accused. A writ was filed in the state High Court, the High Court vide order dated July 20, 2007 directed the transfer of the case from Sessions Court Budgam to First Additional Sessions Judge Srinagar, the petitioner against this order filed SLP seeking transfer of trial of the Case in the Court of Jammu or Chandigarh.
SC, after hearing Sr. Adv VC Mahajan with Adv Jagjit Singh Chabbra and Dinesh Kumar Garg appearing for the petitioners, Adv Anis Surharwardy and Adv S Mehdi Imam appearing for the respondents State of J&K, ordered that FIR 77/2003 u/s 302/120-B RPC was registered by the Crime Branch Srinagar against certain members of SOG Camp Pukharpur Budgam. Appellant Janak Singh father one of the Ichpal Singh and other appellants Gurmeet Singh is one of the accused named in the FIR. Sessions Court Budgam started trial of the accused. It is contended that due to hostile atmosphere in Budgam District, no lawyer was ready to represent the accused. The appellants some how engaged a lawyer to represent them before the Sessions Court Budgam, but, he also failed to represent them. In spite of the fact that the appellants were not represented, the Sessions Judge Budgam recorded the examination-in-chief of the witnesses. The present appellants filed criminal transfer application before the High Court of J&K for transfer of the trial to any other court of competent jurisdiction at Jammu. High Court, however, transfer the case to 1st Additional Sessions Judge Srinagar, against this order SLP was filed in spite of several opportunities including the last opportunity granted for filling reply, the state of J&K has not filed any reply. After hearing both the sides Supreme Court in the circumstances of the case and in view of the fact that appellants have remained unrepresented in the proceedings, thus for, " we feel that the rights of the appellants would be prejudicially affected, if the proceedings are not conducted outside Srinagar". With these observations Apex Court directed transfer of proceedings under FIR No 77/2003 to the District & Sessions Judge Jammu, J&K who may try the case either himself or assign the same to a court of competent jurisdiction. JNF |
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