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| Rubiya Syed Kidnapping and killing of five IAF officials | | CJ directs to file objection within one day | | Early Times Report
Jammu, Mar 6: In the much highlighted case of kidnapping of Dr. Rubiya Syed d/o Ex-Home Minister of India Lt. Mufti Mohammad syed and sister of Ex-CM Mehbooba Mufti and killing of five Air Force personnel at Batmaloo in the year 1990, CBI filed transfer application.
Chief Justice J&K High Court Gita Mital today heard the transfer application filed by CBI through Video Conferencing and directed counsel for Yaseen Malik & ors to file objection within one day from today and directed the registry to list this application on March 11, 2019.
It is worthwhile to mention here that both the cases are at the stage of framing charge for the last 30 years.
According to the application filed by the CBI, the matter pertains to a criminal investigation which has been taken over by the CBI on the basis of complaint of SHO Police Station Saddar, Srinagar who earlier had lodged an FIR of case under 339 dated 08.12.1989 had lodged an FIR of case under 339 dated 08.12.1989 under section 364, 368 of RPC, Section 3(1) Terrorist and Descriptive Activities (Prevention) Act and 25 Indian Arms Act in Police Station Saddar against unknown accused persons. In the FIR it was mentioned that Dr. (Miss) Rubiya Syed D/o Mufti Mohammad Syed R/o Nowgam District Budgam was kidnapped by some unknown terrorists travelling in the same mini bus who threatened to kill her in case their illegal demands were not met with and also created terror amongst all the passengers by showing Gun and Pistols to them including Dr. Rubiya Syed and on 18.09.1990 .
Objections to the said Application were filed by the CBI and after hearing both the parties the Application was rejected vide order dated 20.04.2009 against the said order of Trial Court the Petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 432 of 2009 dated 30.04.2009 and the High Court has been pleased to stay the proceedings of the Trial Court.
In the case of killing of five Air Force personnal an FIR bearing No. RC 01 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of Mohammad Din, Head Constable No. 364/S, Police Post Rawal Pora, Police Station -Saddar Srinagar who has lodged an FIR of case No. 22 dated 25.01.1990 under sections 302/307 of RPC, 3(1) Terrorist and Descriptive Activities (Prevention) Act of 1987 and 3/25 Indian Arms Act in Police Station Saddar against the unknown accused persons. In the FIR it was alleged that in the morning of 25.01.1990 at about 7:30 A.M when the Air Force employees who were living as tenants in the private house at Rawal Pora had gathered and were waiting on the road at Sanat Nagar crossing for Air Force Vehicles to go to their Offices, some unknown terrorists fired with automatic weapons indiscriminately upon them with the criminal intention of killing them as a result of such firing about 40 Air Force employees including a Lady were seriously injured while 2 of them died on the spot. Objections to the said Application were filed by the CBI and after hearing both the parties the Application was rejected vide order dated 20.04.2009 against the said order of Trial Court the Petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 431 of 2009 dated 30.04.2009 and the Honble High Court has been pleased to stay the proceedings of the Trial Court.
CBI requested before the court that the main accused in the matter namely Mohammad Yaseen Malik is an influential person in the State of Jammu and Kashmir and in view of the influence yielded by the said Mohammad Yaseen Malik and is likely to influence the proceedings of the matter and hence in order to ensure effective adjudication of the matter it would meet the ends of justice if the matter is transferred to the High Court of Jammu and Kashmir at Jammu. |
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