The trial court at Bandipora has already concluded the arguments in the custodial death of Zahoor Ahmad Sofi
Bandipora: The Jammu and Kashmir High Court has stayed the trial court proceedings in a case of custodial killing as the accused moved an application for transferring the case to Jammu.
The Principal District and Sessions Judge Bandipora had last month closed the arguments in the alleged custodial killing of 21-year-old Zahoor Ahmad Sofi, from Brar village at SOG camp Kaloosa, Bandipora on September 4, 2006.
A bench of Justice Janak Raj Kotwal, at the Jammu wing of the High Court, Wednesday stayed the trial proceedings after the accused sought transfer of the case to Jammu.
“Meanwhile, as ad interim subject to objections till next date before the bench, proceedings before the trial court shall stay”. the order issued by Justice Kotwal reads, asking the case to be listed in the week commencing from 3rd July.
Zahoor Ahmad Sofi, a class IV employee at a college was picked up from his home in front of his parents and relatives by a SOG party. He died after 13 days in custody at the SOG camp.
Last month, at the trial court, a doctor privy to postmortem of Zahoor, deposed that severe physical torture had resulted into his death.
Zahoor’s father, Habibullah Sofi told Kashmir Reader that the accused were trying to delay the proceedings, “with an intention to tactically force me not to pursue the matter against the killers of my son”.
“Hasn’t the crime occurred here in Bandipora? All the witnesses are here and this is where the case should be heard” Habibullah said.
He added that he had little means to fight this case in Jammu but he was determined not to lose hope.
“No matter what, I will strive for the justice till my last breath; I have also consulted for the transfer application so that this could be brought back to Bandipora court” he said.
In the last hearing at the trial court, the prosecution had prayed that accused be charged for the commission of offences under sections 343, 368, 471, 201, 34, 109, 120B, 364, 302 RPC. The defense counsel had sought time for arguing the charge and had rather insisted their bail matter be heard first, which had been turned down by the trial court.
On Wednesday, the accused moved a transfer application number 22/2017, in which it prayed that the case titled State Vs Abdul Aziz Thokar and others in case FIR no 125/2007 of police station crime branch Kashmir under sections/343, 368, 471, 201, 34 and 109 RPC bearing file number 117/s pending disposal before the principal district and sessions judge Bandipora be transferred to any other court of competent jurisdiction at Jammu province.