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| RELATIVES OF FIVE ACCUSED IN SRINAGAR SX SCANDAL MOVE CRIMINAL TRANSFER PETITION SEEKING TRANSFER OF CRIMINAL CHALLAN FROM SRINAGAR TO JAMM | | | Jammu, July 14 :A criminal transfer petition seeking transfer of criminal challan from the court of Chief Judical Magistrate Srinagar to any other competent court of parallel jurisdiction at Jammu was filed here today by close relatives of five accused including DIG BSF KC Padi and former Additional Advocate general Anil Sethi in the Srinagar Sex scandal in Jammu and Kashmir High court.
Relatives of Mohd Ashraf Mir,Mohd Yousuf Mir and Mehraj Din Malik,other accused inthe case, also filed petition seeking transfer of criminal challan to any other competent court of parallel jursidiction outside Srinagar.
Emphasising that there exists a severe and serious threat to the life of counsels being engaged by the petitioners from outside Kashmir valley, the petition stated that the court has shown hostility towards the accused named in the case while showing desire to please the public,media and probably the division bench by directing that the petitoners to be brought to the court premises handcuffed, which is absolutely anarchic and contrary to the judgement of the Supreme court of India.
The petition states that the CJM court has also refused to give complete copy of the challan to the petitioners despite the fact that specific and categoric requests were made on number of occasions.
It also states that the attitude of the trial judge is not a singular problem of attitude, but the petitoners apprehend that same attitude will be shown by any other judge in Srinagar because of prevailing circumstances including the attitude of the Kashmir bar association, the public opinion, the role of the media and the impression created by the investigation bein conducted at the behest of the High court.
The petitoners state that publkic has played a major role in creating a sitauation where fair trail of the petitoners is not possible in Kashmir valley.The public has resorted to strike and bandhs onthe call given by the Kashmir bar assocaition and Dukhtharan-e-Milat where by circumstances led to teh breaking out of criminal justice delivery system in the particular case.
The petition further states that on directions of the trial court, the criminal case has been registered against the petitoners and other accused persons and the relatives of the accused persons for allegedly creating chaos in the court whereas the fact of the matter is that the accused persons were harassed and physically man-handled by the members of the Kashmir bar association, members of Dukhtharan-e-Milat and public at large, which went to the extent of pelting stones on the petitoioners and other accused persons,but no action has been taken by the trial court gainst them at all.
It also stated that the trial judge has not shown any seriousness in deciding the bail applications filed by the accused persons and has instead been delaying the matter for obvious malafide reasons.
It states that there is absolutely no provision of law under which a complete copy of challan can be with held from the accused, which is essential for fair trial and impartial trial. Giving references of the provisions of the code of criminal procedure, the petitioners add when they agitated the matter before the trial court for providing them the copies of the challan, they were slapped with contempt notice for raising their voice and thereafter the copy of the chargesheet without statements and documents were supplies to the accused persons which is totally meaningless and contrary to the provisions of code of criminal procedure.
The petition also drags attenion of the court towards the attitude of the Kashmir bar association, which it stated, has been creating an atmoshpere of fear and insecurity amongst the accused persons by passing a resolution that no member shall act as counsel in the matter.
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