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HC refuses to transfer LPA regarding State Flag 2/12/2016 11:54:05 PM Early Times Report Jammu, Feb 12: In an application filed by one Abdul Qayoom, seeking transfer of LPA filed by retired IGP and BJP general secretary Faoorq Khan, challenging the writ court judgment on hoisting of the state flag and for changing the position of governor to sadar-e-Riyasat, high court Chief Justice N Paul Vasanthakumar today refused to transfer the LPA. In the transfer application, a request was made to transfer the case to Srinagar wing of the high court on the plea that the petitioner would not be in a position to contest it in Jammu and it would be practically impossible to get proper legal assistance in the matter. The averments that the appeal may not be heard in Jammu when the atmosphere is charged has no basis as no material is placed before this court and the said apprehension is imaginary, the court observed. If the petitioner requires assistance of a lawyer, more number of lawyers are available in Jammu. The appeal is filed by the appellant who is resident of Jammu. If the petitioner's plea is accepted, it would prejudice the right of the appellant. The appeal having been already allowed to be filed in Jammu and entertained by the division bench in Jammu wing, the petitioner can very well argue the LPA before the Jammu wing of the high court, the court said. With these observations, the chief justice dismissed the transfer application and said the date of posting of LPA OW No 2/2016 for hearing would be reflected in the cause list which the petitioner could ascertain through the high court website. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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