AMAR NATH MANTOO Vs. CBI

JUDGEMENT

(1.) IN this case the transfer of the proceedings pending for disposal in the court of learned Chief Judicial Magistrate, Srinagar on a report being filed by the C.B.I, for the commission of offence under Sections 120 -B read with Section 420 RPC is sought by one of the accused, who is applicant herein on the basis that he cannot properly defend himself in the trial court because of the abnormal law and order circumstances prevailing in the Valley.

(2.) TRANSFER of the case has been opposed by the C.B.I, on the ground that there are two co -accused namely, Farooq Nakashbandi and Z.A. Farooqui who are employees of the Insurance Company, and with their conspiracy these offences were perpetuated. That co -accused have to undergo physical and financial hardship alonghwith the prosecution witnesses who hail from Kashmir to attend the proceedings in Jammu.

(3.) IT may be noticed that prosecution has also cited those witnesses who are still migrants. Their presence cannot be secured in the trial court by the prosecution. The extraordinary situation prevailing in the valley though has mitigated to some extent, yet the migrants have not returned to their homes and hearths and it is not expected that they can properly defend their cases in the valley. In such an atmosphere to meet the ends of justice it is desirable to have the case transferred to a calmer and quieter atmosphere. Justice would be done in such a way. The Apex Court also in the case of Union of India Vs Shiromani Gurdawara Prabandhak Committee (AIR 1986 SC1896) took note of the extra -ordinary situation prevailing in the State of Punjab and transferred the case from that State to some other State. The co -accused will not be at disadvantage so far as the free atmosphere of the proceedings in a court in Jammu is concerned. In this view of the matter, the application is accpeted and the case titled State Vs. Amar Nath Mantoo and others is transferred from the file of learned Chief Judicial Magistrate, Srinagar to the court of learned Chief Judicial Magistrate, Jammu. Record of the case has been received and the office shall send the same to the court of the learned Chief Judicial Magistrate, Jammu and the Presiding Officer shall issue process for securing the attendance of the alleged co -accused. Petitioner herein as well as the learned counsel for the C.B.I. are directed to appear in the transferee court on 30 -12 -1997.