HC declines to transfer DySP lynching case
Excelsior Correspondent
SRINAGAR, Jan 7: High Court today declined to transfer the lynching case of Deputy Superintendent of Police to outside the Valley with the observation that the prosecution has not taken steps for further trial of the case.
The prosecution by moving a transfer application seeking withdrawal of the case from the Court of 4th Additional District & Sessions Judge, Srinagar to any Court of competent jurisdiction at Jammu but Justice Rashid Ali Dar dismissed the transfer application.
Court while dismissing the application of State said the material placed on record is not sufficient to invoke the jurisdiction of the Court and to transfer the case to any other Court outside the Valley at this time.
“The minutes of the proceedings, as reflected in the interim orders, copies of which have been brought on record by accused-counsel rather indicate that the investigating agency has not taken steps, which were expected of it for examination of the witnesses and for taking the trial ahead”, read the judgment.
Court, however, on dismissal of the application said that nothing shall preclude the petitioner prosecution or any other person, interested in having the fair trial, to move an application afresh in case there is any material available to revisit the view taken herein and transfer of case to any other court.
Trial Court had framed charges under Section 302 RPC (Murder) against 17 persons involved in the killing of Deputy Superintendent of Police Mohammad Ayoub Pandit by lynching him in the month of June 2017 outside Jamia Masjid, Srinagar.
The grounds taken by the prosecution for transfer the trial of case are that during the trial prosecution is confronted with some very serious developments i.e., some elements along-with the accused persons and their relatives are creating difficulties at their place of lodgments as well as on their way to the Court for hearing which 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 accused within the Court premises are gathering hundreds of people who intimidate and threaten the witnesses, thus a fair and impartial trial is impossible in the case as also the witnesses are feeling afraid to testify before the court on being frightened and threatened by various quarters at the behest of the accused persons and their sympathizers”, prosecution stated.
However, counsels representing the accused contended before the Court that the minutes of proceedings of the trial court, sufficiently indicate the lack of interest on the part of the State to prosecute the case.
Court has been informed that the Investigating Officer was not present on the different dates fixed in the case though directed by the court.
Witnesses too were not examined due to the unwarranted conduct of the prosecuting agency. The daily diary report register of petitioner is also, according to him, manipulated and cannot be relied on.
After being heard by both the parties, Court said it is under an obligation to consider other aspects of the case including the developments which have been reflected in the interim orders of the trial Court to examine the merit of the petition.
The reports, Court recorded, recited in the daily diaries, without any doubt indicate that the attempts have been made to overawe the machinery of the law but to lend credence to the same, court added, 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.
“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”, Court said.
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