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Sessions Court seeks Transfer of Kishtwar Riots case
HC directs IGP Jammu to strengthen security inside District Court Complex
5/15/2015 12:22:32 AM
Early Times Report
Jammu, May 14: In a reference made by Principal Sessions Judge Kishtwar seeking transfer of case titled "State Vs Adil Aslam Waza and ors." pending trial in Court after the relatives of Adil Aslam and Arif Hussain disrupted Court proceedings and threatened the Presiding Officer, Justice Bansi Lal Bhat of J&K High Court Jammu directed IGP Jammu to strengthen the security arrangements inside the District Court Complex, Kishtwar to ensure fool proof security system and directed compliance in this regard shall be reported within one week to Registrar Judicial of Jammu Wing of this Court.
Pertinent to mention that trial Court framed charges against the accused persons namely Adil Aslam and Arif Hussain under Section 302/307/148/149/201 RPC and though the accused persons pleaded not guilty, yet accused Adil Aslam refused to sign the Charge Form and disrupted Court proceedings demanding that he be charged under Section 307 RPC only. It is claimed that later Counsel prevailed upon the accused - Adil Aslam who signed the Charge Form. Case was fixed for recording of prosecution evidence on 15.05.2015. It is further stated in the Reference that an hour thereafter, the family members and relatives of accused barged in the Court room, disrupted Court proceedings and demanded framing of charge under Section 307 RPC instead of Section 302 RPC. Later the cases were split in terms of Court direction dtd 10/04/2015 while Principal Sessions Judge is apprehensive of disruption of judicial proceedings by local mobs and apprehends it is not possible to hold a fair trial in the vitiated atmosphere at Kishtwar. Justice Bansi Lal Bhat of J&K High Court Jammu Wing observed that the circumstances attending upon the making of instant Reference are very disturbing. These acts of commission constitute gross contempt of Court in addition to criminal offences. The Presiding Officer appears to be scared and apprehends such events in future too.
State High Court issued notice to Senior Additional Advocate General and the accused to show cause why this Reference be not accepted and case titled "State Vs. Adil Aslam Waza and ors." pending trial before Principal Sessions Judge Kishtwar be not ordered to be transferred to any other Court of competent jurisdiction beyond the limits of Sessions Division, Kishtwar. Meanwhile, trial before the trial Court shall be put on hold. Court also directed IGP Jammu to strengthen the security arrangements inside the District Court Complex, Kishtwar by deploying adequate number of security personnel, preferably para-military forces, to ensure fool proof security system. Besides adequate security shall be provided to the Judicial Officers of the Courts based at Kishtwar commensurate with their threat perception. Compliance in this regard shall be reported within one week to Registrar Judicial of Jammu Wing of this Court. It further directed SSP Kishtwar to investigate the incident by lodging a formal FIR, identify the intruders who barged into Court room and threatened the Presiding Officer interrupting the judicial proceedings and submit a report to this Court within two weeks. (JNF)
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