Early Times Report
Srinagar, Jan 7: The State High Court has dismissed Government's plea through SSP Srinagar, seeking withdrawal of the case -Dawood Fayaz Zargar (Nephew of Al-Umar Mujahideen Commander) and others to any court of competent jurisdiction at Jammu.
The grounds taken for shifting the case were that during the trial, prosecution is confronted with some very serious developments that some elements along-with the accused persons and their relatives were creating difficulties foe them on their way to the court for hearing.
"This generates trouble and difficulties to the members/staff of concerned jail as well during the process of escorting them to the court for hearing," the SSP had said.
The officer also pleaded that the accused on their production raise anti-national slogans enroute to court and also indulge in instigating the locals, resulting in law and order problems.
Contending the state's claims, the accused said transfer of the case is being sought with malafide intentions and the state's petition is full of lies, fabricated facts and concocted story.
Further contention raised is that the accused were disintegrated to various jails like Udhampur, Kathua, Amphla in Jammu and some were lodged and transferred to Sub Jail, Pulwama and a few have been lodged in Central Jail, Srinagar, making the trial of the case virtually impossible, as neither all the accused are being produced in the court for facing trial nor during and in the course of examination of the witnesses.
"The reports recited in the daily diaries, of which reference is found hereinabove, no-doubt indicate that the attempts have been made to overawe the machinery of the law but to lend credence to same the concerned officer of the police stations or the persons, at whose instance such reports were entered or who saw the witnesses being threatened or course of justice being thwarted, have not come forward and sworn any affidavit," a bench of Justice Rashid Ali Dar said and dismissed the application. |
