Srinagar: The J&K High Court on Wednesday transferred cases related to killing of four Air Force Personnel (IAF) in Srinagar in 1990 and kidnapping of Rubiya Syed, daughter of then Home Minister Mufti Mohammad Syed to Jammu wing of the court.
Chief Justice, Gita Mittal held that the writ petitions 431/2009 and 432/2009 cannot be taken up for consideration at the Srinagar Wing as the petitions have admittedly arisen out of the criminal proceedings at Jammu.
“The records of the writs 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 December, 2010,” Chief Justice Mittal ordered.
The proviso to Circular 6 of 2010 has a limited purpose of enabling filing the proceedings in a Wing of the High Court other than to which it relates. All other steps including hearing, consideration and decision has to be by the Wing to which it relates.
The court further directed to the Registrar Judicial, Srinagar to take immediate steps in the matter for conveying records to the Jammu wing in terms of guidelines no.94 dated 7 December, 2018 ensuring that no delay results in the hearing.
Earlier, Central Bureau of Investigation (CBI) had sought transfer of the case pertaining to 1990 attack on Air Force personnel in Srinagar and Kidnapping of Rubiya Syed – in which JKLF Chairman Mohammad Yasin Malik and others are accused – to Jammu wing of the High Court.
The CBI counsel Tahir Majid Shamsi had filed a transfer appeal before Srinagar wing of J&K High Court contending that the main accused, Yasin Malik, is an influential person in the state which is likely going to influence the proceedings of the matter.
“…hence in order to ensure effective adjudication of the matter it would meet the ends of justice if the matter is transferred to Jammu wing of High court,” the petition read.
The CBI had taken up the investigation of the case on the basis of a state government notification in 1990.
A charge sheet was filed by CBI on 31 August 1990 under section 120-B read with section 302 of RPC, section 3 and 4 of TADA and section 27 of Arms Act in the court of 3rd additional sessions judge (TADA case Jammu) against the accused persons. During the course of trial, a transfer application was filed by the accused which was rejected after which they approached the High Court at Srinagar to transfer the case. The High Court stayed the proceedings of the trial court.
The CBI has identified JKLF leaders Mohammad Yaseen Malik, Manzoor Ahmed Sofi, Javed Ahmed Mir, Showkat Ahmed Bakshi, Javed Ahmed Zargar and Ali Muhammad Mir, as accused in the case.
According to an FIR registered in the Police Station Sadder, unidentified militants fired upon Air Force employees living as tenants in Rawalpora, in the morning of January 25, 1990 at Sanat Nagar crossing when they were waiting for their office vehicles. In the indiscriminate firing 40 employees including a woman were injured, and two died on the spot. The assailants escaped from the spot.
Similarly a case under section 364 (RPC), Section 3 of TADA and Section 3/25 Arms act was registered with Sadder Police Station, Srinagar on December 8, 1989 for Rubiya abduction case.
The case was registered against 13 persons namely Ashfaq Ahmed Wani, Yaseen Malik, Javaid Mir, Muhammad Salim Nanaji, Wajahat Qureshi, Manzoor Ahmed Sofi, Iqbal Gandroo, Ali Mohammad Mir, Zaman Mir, Mehraj-ud-din Sheikh, Showkat Bakshi, Mohammad Yaqub Pandit and Amanullah Khan.