MUSHTAQ AHMAD DAR Vs. MOHMMAD ISHAQ ZAROO

JUDGEMENT

(1.) The suit of Mohmmad Ishaq Zaroo, respondent No. 1 before this Court, for declaration and injunction was pending adjudication before 3rd Additional District Judge Srinagar. The matter was referred for arbitration in terms of agreement entered by the parties. While report and award of arbitral reference was awaited, plaintiff/respondent No. 1, moved Court of reference for ad-interim relief including attachment of shops in the ground floor of the building subject of arbitral reference.

(2.) The Court of reference took certain steps including directions to the concerned police to implement Court order passed in December 1994. While this matter was being heard on a due date, the petitioner/defendant Mushtaq Ahmad Dar filed an application for transfer of the case on the ground that the said defendant saw one Hassan Zaroo, brother of plaintiff, with the Presiding Officer in his chambers, leading to apprehension in the mind of defendant/petitioner, that he may not get the justice from the Court. The District Judge Srinagar, after hearing the parties withdrew the suit from the file of 3rd Additional District Judge Srinagar and transferred it to the Court of Additional District Judge Srinagar by order dated 11-7-1998.

(3.) While ordering the above transfer of the suit, the District Judge after examining the report of Presiding Officer of 3rd Additional District Judge Srinagar, expressing his "deep antics" while reporting on grounds of transfer, intended to take this matter to its logical end and to find out if the insinuation against the Presiding Officer has been made vexatiously or not and in the words of learned District Judge, "only to defeat the speedy trial or infact the petitioner had genuine apprehension that fair trial will not be possible for the said Court." Before proceedings further in the matter, the District Judge entrusted the enquiry to Mr. Mansoor Ahmad Mir, Presiding Officer MACT Srinagar for holding enquiry in the genuineness of the application and to send report to the District Judge Srinagar and the next date for this limited purpose was fixed as 22-8-1998.