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| HC dismisses suspended DySP's plea to transfer case | | Terror funding case | | Early Times Report
JAMMU, Apr 15: High Court has dismissed the plea of suspended DySP in terror funding case to transfer the case from Jammu to Srinagar.
Justice Sanjay Dhar after hearing Sr. Adv ZA Qureshi with Adv Rehana Fayaz for the applicant whereas Assistant Solicitor General of India Vishal Sharma appearing for the NIA, dismissed the petition saying there is no merit in the petition.
Justice Sanjay Dhar while dismissing the petition observed that the Special Court constituted at Srinagar in terms of SRO 149 lacks inherent jurisdiction to try the cases pertaining to offences under scheduled enactments which have been investigated by the National Investigating Agency. That being the case, the challan which is subject matter of the present transfer petition cannot be tried by the Special Court at Srinagar and, as such, it would be legally impermissible to transfer the said challan from the Special Court, Jammu to the Special Court (Additional Sessions Judge, TATA/POTA) Srinagar.
Justice Sanjay Dhar further observed that as already noted there is no other Special Court within the jurisdiction of High Court of Jammu and Kashmir except the one at Jammu, therefore, even if it is assumed that the petitioner has any ground for seeking transfer of the challan to any Court other than the one at Jammu, this Court cannot come to his rescue.
The petitioner has filed the instant petition under Section 407 of Code of Criminal Procedure seeking transfer of challan pending against the petitioner from the Special Court (3rd Additional Sessions Judge, Jammu to the Special Court (Additional Sessions Judge, TATA/POTA) Srinagar for trial.
ASGI Vishal Sharma resisted the petition by filing reply thereto. In their reply respondents No. 1 and 2 have contended that there is no ground for transfer of the case from Jammu to Srinagar. It is further contended that merely because some of the witnesses to be examined in the case are from Kashmir Valley does not offer a ground for transfer of challan from Jammu to Srinagar.
Justice Sanjay Dhar observed that from a perusal of the provision it is clear that notwithstanding anything contained in the Criminal Procedure Code, every scheduled offence investigated by the NIA is to be tried only by the Special Court within whose local jurisdiction it was committed.
Counsel for the petitioner has vehemently argued that there is another Special Court constituted at Srinagar which can also try the cases investigated by the National Investigation Agency.
Justice Sanjay Dhar further observed that from a perusal of sub-clause (ii) of Clause (2) of the aforesaid provision, it is clear that it bears reference to investigation agency of the State Government and not to National Investigating Agency. That being the case, the challan which is subject matter of the present transfer petition cannot be tried by the Special Court at Srinagar and, as such, it would be legally impermissible to transfer the said challan from the Special Court, Jammu to the Special Court (Additional Sessions Judge, TATA/POTA) Srinagar. —JNF |
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