SHABIR AHMED KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Notice was sent to respondent No. 2 through registered post on 21/12/2022. As per report, the same has been delivered to the concerned. The service of respondent No. 2 is, therefore, complete.

(2.) The petitioner/accused has filed the instant petition seeking transfer of criminal challan titled, State of J&K vs. Shabir Ahmed Khan, which is pending trial before the court of Chief Judicial Magistrate, Srinagar to any other court of parallel jurisdiction at Jammu.

(3.) It has been submitted in the petition that the petitioner is a politician and due to political rivalry, in order to tarnish his image, he has been falsely implicated in a case on the basis of a complaint made by respondent No. 2, who happens to be wife of a separatist leader. According to the petitioner, he engaged service of Mr. Mohd. Abdullah Pandit, Advocate for defending his case before the court of Chief Judicial Magistrate, Srinagar and when the said Advocate argued his case before the learned Magistrate, he received threat to his life and thereafter, he refused to appear on behalf of the petitioner. It is further submitted that two more lawyers, namely, Mr. Maroof Khan and Mr. Shokat were approached by the petitioner to appear on his behalf but they also refused to accept the brief of the petitioner. It is further submitted that the atmosphere surrounding the court premises is highly surcharged and hostile and whenever, he appears before the court, slogans are being raised against him inside and outside the court premises. It is averred that at the time when the case is being taken up for hearing, the court remains jam packed and the petitioner apprehends grave and serious bodily attack from the crowd which gathers over there, upon the instigation of the separatists.