 Early Times Report
Jammu, Jan 31: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court while allowing the petition of SIA, transferred the murder case of Advocate Babar Qadri from Srinagar NIA Court to Jammu NIA Court.
While allowing the petition, Justice Rajnesh Oswal, observed that for a fair and impartial trial of a criminal case, it is imperative that the witnesses are in a position to depose in an atmosphere, which is free and not hostile. Because of this reason only, appropriate measures have been put in place to ensure the protection of the witnesses, more particularly in criminal cases. It is also borne from the record that the applicant is investigating the matter in respect of the video uploaded by the deceased Babar Qadri wherein, he had leveled certain allegations against some Advocates. Normally, this Court would have directed the applicant to provide security to the witnesses but it is also borne from the record that the complainant could not lay a motion before the learned trial court for seeking further investigation as no lawyer from Srinagar was willing to render legal assistance to him, due to involvement of some influential lawyers based at Srinagar. The father of the deceased Advocate had also pleaded that he was forced to sell his house and shift in rental accommodation because of threats and hostile situation. This court do The father of the victim had pleaded that he was forced to sell his house.
He had to shift into rental accommodation because of threats and hostile situation.
This court has no doubt that the fair trial of the case is not possible in Srinagar.
In view of the peculiar facts and circumstances of the case as mentioned above, this Court is of the considered view that once the material witnesses are facing threats for deposing in favour of the accused persons and no counsel was willing to render legal assistance to them in court at Srinagar, the present application deserves to be allowed for fair, transparent and impartial trial. It needs to be noted that the respondents have been causing appearance before the learned trial court through virtual mode, as respondent Nos. 1 and 3 are lodged in Rajouri Jail, respondent No. 2 is lodged in Udhampur Jail, respondent Nos. 4&5are lodged in Jhajjar Jail. The accused No. 6 has been reported to be dead as is evident from order dated 30.08.2023.
With these observations, Court allowed the present application and ordered that the challan No. 5 titled, ‘State vs. Shahid Shafi Mir & Ors’ arising out of FIR No. 62/2020 of Police Station, Lal Bazar, pending before the court of Special Judge Designated under NIA Act, Srinagar is transferred to the court of Special Judge Designated under NIA Act, Jammu for trial in accordance with law and directed the Special Judge Designated under NIA Act, Srinagar shall send the record of the charge sheet to the transferee court forthwith. JNF | 