SRINAGAR The J&K High Court has dismissed state government plea through SSP Srinagar, seeking withdrawal of the case against Al Umar Mujahideen Chief Mushaq Ahmad Zargars nephew Dawood Fayaz Zargar and others from the court of 4th Additional District and Sessions Judge here to any court of competent jurisdiction at Jammu.
The grounds taken for the shifting the case were that during the trial, prosecution is confronted with some very serious developments that some elements along-with the accused persons and their relatives are creating difficulties at their place of lodgements as well as on their way to the court for hearing.
This generates trouble and difficulties to the members/staff of concerned jail as well during the process of escorting them to the court for hearing, the SSP had said.
The officer also pleaded that the accused on their production raise anti-national slogans enroute to court and also indulge in instigating the locals, resulting in law and order problems.
Contending the states claims, the accused said transfer of the case is being sought with malafide intentions and the states petition is full of lies, fabricated facts and concocted story regarding the allegations levelled against them, as there are CCTV cameras installed all over the Valley including the Central Jail, Srinagar and other jails, so all the facts whatever have been submitted and stated in the instant transfer application should be gathered and retrieved from the CCTV footage.
Further contention raised is that the accused were disintegrated to various jails like Udhampur, Kathua, Amphla in Jammu and some were lodged and transferred to Sub Jail, Pulwama and a few have been lodged in Central Jail, Srinagar, making the trial of the case virtually impossible, as neither all the accused are being produced in the court for facing trial nor during and in the course of examination of the witnesses.
The presence of the accused at the time of examination of the witnesses is mandatory, as a result thereof the trial of the case is being delayed for want of production of the accused, as such, the respondents are denied and deprived from their right of fair and speedy trial, they said.
The reports recited in the daily diaries, of which reference is found hereinabove, no-doubt indicate that the attempts have been made to overawe the machinery of the law but to lend credence to same the concerned officer of the police stations or the persons, at whose instance such reports were entered or who saw the witnesses being threatened or course of justice being thwarted, have not come forward and sworn any affidavit, a bench of Justice Rashid Ali Dar said.
Similarly, no material which can be prima facie treated enough for drawing any inference that the accused have indulged in the activities referred in the petition in the Central Jail, Srinagar or enroute to court when produced for hearing, the court said and dismissed the application.
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