SRINAGAR The petitions filed by CBI, seeking vacation of the stay on trial and shifting the proceedings to Jammu in the 1989 Rubaiya Sayeeds kidnapping and killing of five Air Force officials cases from Srinagar to Jammu cannot be taken up for consideration at Srinagar Wing and have to be sent to the Jammu Wing for hearing and decision, the high court said on Wednesday.
The writ petitions cannot be taken up for consideration at Srinagar Wing and have to be sent to the Jammu Wing for hearing and decision in accordance with Circular 6 dated 18.12.2010 and Guideline 94 dated 7th December, 2018, a bench of Chief Justice Gital Mittal said, underling that the proviso to Circular 6 of 2010 of the high court has a limited purpose of enabling filing the proceedings in a Wing of the High Court other than to which it relates. The high court has on Monday reserved the orders on the plea.
All other steps including hearing, consideration and decision has to be by the Wing to which it relates. The petitioners have accepted this when applications seeking permission to file the writ petitions relating to the Jammu Wing at the Srinagar Wing was sought, the court said.
The writ petitions, the court reiterated, can be heard and decided only by the Wing to which the matters relate i.e., the Jammu Wing, the court said
The records of the writ petitions would require to be forthwith sent to the Jammu Wing of the High Court for hearing and decision in terms of Circular 6 of 2010 dated 18.12.2010.
The Registrar Judicial, Srinagar, shall take immediate steps in the matter for conveying the records to the Jammu Wing, the court said, adding, The Registrar Judicial, Jammu, shall inform counsels for the parties in the writ petitions regarding the listing of the case.
The CBI had prayed that the writ petitions in which the stay was granted on the trial of the case be shifted to Jammu.
On December 8, 1989, Rubaiya, daughter of former Mufti Sayeed, then Home Minister in the VP Singh government, was kidnapped for five days from Srinagars Lal Ded Hospital. The kidnappers had demanded the release of 13 militants in exchange for Rubaiyas release.
In 1999, three JKLF members Showkat Ahmed Bakshi, Manzoor Ahmed Sofi and Mohammad Iqbal Gandroo were granted bail after nine years in the case.