BASHIR AHMAD MIR Vs. STATE

JUDGEMENT

(1.) The petitioners, who are facing trial in FIR No.51/2013 under Sections 302/307/120-B, 419, 467, 468, 447-A, 326, 323 RPC, Section 14 of Forest Act, Sections 7/25, 7/27 Arms Act, Sections 3, 4 and 5 of Explosive Act and Sections 16, 17, 19, 20 and 40 of Unlawful Activities Prevention Act before Special Judge Designated under National Investigation Agency Act, Srinagar ["the Special Court"] are before this Court by way of instant petition filed under Section 561-A of the Code of Criminal Procedure ("the Code") seeking a direction to the respondents not to transfer them from Kupwara sub-jail to any other jail outside the Kashmir valley and adhere to the order of the trial Court dated 03.05.2019 in letter and spirit.

(2.) It is submitted that a challan in FIR No.51/2013 against the petitioners along with eight others was presented before the Special Judge on 31.03.2013 and more than eight years have elapsed but the trial is still proceeding at a snail's pace. The major reason for the delayed trial attributed by the petitioners is the transfer of the petitioners outside Kashmir valley and failure of the prosecution/State to produce them in the Court on each and every date of hearing. It is submitted that the Special Court vide its order dated 03.05.2019 had directed that in case the Incharge Central Jail, Srinagar intends to shift the petitioners and other accused from Central Jail, Srinagar to another jail in Jammu, in that eventuality, he shall shift the petitioners in jails situate either at Baramulla or Kupwapra. This order, it is complained, has not been adhered to by the respondents and they have instead shifted the petitioners to some jail in Jammu.

(3.) This petition is resisted by the respondents and in the objections filed by the respondents duly supported by an affidavit of the S.H.O., Police Station, Parimpora, Inspector Jaffar Iqbal, it is stated that a case FIR No.51/2013 was registered in the Police Station, Parimpora against seven persons including the petitioners in the instant petition. Subsequently, Final Report/Challan was presented before the Special Court in the year 2013 against all the accused. So far as change in custody is concerned, it is pleaded by the respondents that the same falls under the domain of the jail authorities and the police, which has registered the case has no say in the matter.