LAWS(J&K)-2003-4-26

PEER NOOR-UL-HAQ Vs. STATE

Decided On April 09, 2003
Peer Noor -Ul -Haq Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE husbands of appellants 2 to 4 were killed. The killing is attributed to the persons who include police officials. Petitioner No. 1 is stated to be the only eye -witness to the occurrence. The registration of FIR and investigations has culminated in ending up accused for trial on charge of culpable homicide amounting to murder before the competent court at srinagar. However, the case on transfer is at present pending before Additional Sessions Judge Jammu for trial. All four petitioners are cited prosecution witness to the occurrence. Four police officials besides one Abdul Rashid Khan, the then SDPO Police Station, Soura figure accused in the case.

(2.) PETITIONER filed writ petition seeking following reliefs: '(a) A writ of Mandamus, commanding the respondents to provide the security cover to the witnesses and all the traveling, boarding and loading expenses to the witnesses while attending the court during trial. (b) A writ of Mandamus, commanding the respondents to Appointed a translator in the trial Court so that the statement of the witnesses could be correctly translated. Any other writ, order or direction which this Hon'ble Court may deems just and proper in the circumstances of the case though not prayed for be also passed in favour of the petitioners and against the respondents'

(3.) SO far as the question of provision of security and safe passage to witness from residence at Srinagar to trial court at Jammu is concerned, same is unquestionably to have been granted by writ court in terms of the statement of Sr. AAG before the writ court, of which notice is taken in the impugned judgment.