LAWS(J&K)-2012-7-8

SPECIAL DIRECTOR GENERAL CRPF Vs. STATE OF J&K

Decided On July 04, 2012
SPECIAL DIRECTOR GENERAL CRPF Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) The State Government vide SRO 283 of 29th July, 2010 appointed Commis sion of Inquiry to inquire into the events resulting in death of 17 persons in Kashmir Division, on account of action taken by State Police/Security Forces from 11th June, 2010 till the date the Commission of Inquiry was constituted and appointed the respondent No. 4 herein as its Chairman and respondent No. 5 as its member.

(2.) The Special Director General CRPF, Jammu and Inspector General (OPS) Central Reserve Police Force, Kashmir threw challenge to the Notification-SRO 283 of 29th July, 2010 in a writ petition registered as OWP No. 38 of 2011 filed in Jammu Wing of the High Court.

(3.) The respondent No. 3 herein through the medium of application on hand seeks transfer of the writ petition-OWP No. 38 of 2011 from Jammu Wing to Srinagar Wing of the High Court. The ground for transfer of the petition is that the cause, if any, for filing the writ petition has arisen at Srinagar and that in terms of adminis trative direction issued by Chief Justice on 29th August, 1996 it is Srinagar Wing of High Court that has jurisdiction to entertain and deal with the petition. It is pleaded that non-applicants/petitioners in the writ petition, have deliberately and willfully filed the writ petition in Jammu Wing of the High Court ignoring the mandate of the administrative direction issued by Chief Justice, directing filing of the petitions pertaining to Jammu and Kashmir Divisions in Jammu and Srinagar Wings of the High Court respectively. It is insisted that the petitioners did not seek any permis sion from the Chief Justice allowing them to file the petition in Jammu Wing of the High Court irrespective of the place where cause of action to file the writ petition had arisen. In the said background the respondent No. 3 seeks transfer of the petition from Jammu Wing to Srinagar wing.