GH HASSAN MIR Vs. JAFFAR DAR

JUDGEMENT

(1.) THIS order will dispose of the criminal transfer application made by the petitioner stating therein that case titled state versus Jaffar Dar and others under section 302 read with 34RPC is pending disposal in the court of sessions Judge, Baramulla. The Case according to this petition pertains to the abduction of one Shabir Ahmad, who was an auto driver and who on 3rd January, 1996 was abducted by the accused -respondents and later on murdered. It has further been averred in the petition that thirty one witnesses have been Sited an behalf of the prosecution out of which three witness have been examined by the trial court and twenty eight witnesses are yet to be examined. Petitioner states that the accused belong to Baramulla District and some of the witnesses including the petitioner belong to Srinagar. The petitioner is an eye witness. He is being threatened and harassed by the accused persons. Petitioner feels threat to his life in case he attends the Sessions Court Baramulla to tender evidence against the accused persons. According to him not only for these reasons, but basically the deceased was abducted from Srinagar, so the Srinagar Court has also got the Jurisdiction to hear the case.

(2.) NOTICE was issued to the otherside. Mr. M.Y. Bhat, Advocate has appeared. Heard LC for both parties.

(3.) MR . Qayoom LC for the petitioner has argued that for the just decision of the case it will be a fair if the case is transferred to any court of competent jurisdiction at Srinagar. He has invited my attention to section 526 clause (1) sub -clause (a) which says that whenever it is made to appear to the High Court that a fair and impartial inquiry or trial cannot be had in any criminal court subordinate thereto, the High Court can transfer the case or try it itself. His contention is that is not necessary as to who is the petitioner, what the essential requirement is that it should appear to the High Court whatever be the source, and when the High Court comes to know that fair and impartial enquiry or trial cannot be had in any criminal court subordinate to it, the High Court is empowered to transfer the case as aforesaid. Secondly he has argued that as the offence has started in Srinagar when the deceased was abducted so the Srinagar Courts also have got the jurisdistion.