Excelsior Correspondent
JAMMU, Apr 15: High Court has dismissed the plea of suspended DySP Davinder Singh seeking transfer of terror funding case from Jammu to Srinagar.
After hearing Senior Advocate ZA Qureshi with Advocate Rehana Fayaz for the applicant whereas Assistant Solicitor General of India Vishal Sharma appearing for the NIA, Justice Sanjay Dhar observed, “the Special Court constituted at Srinagar in terms of SRO 149 lacks inherent jurisdiction to try the cases pertaining to offences under scheduled enactments which have been investigated by the National Investigating Agency”.
“That being the case, the challan which is subject matter of the present transfer petition cannot be tried by the Special Court at Srinagar and, as such, it would be legally impermissible to transfer the challan from the Special Court Jammu to the Special Court (Additional Sessions Judge, TATA/POTA) Srinagar”, High Court said.
“There is no other Special Court within the jurisdiction of High Court of Jammu and Kashmir except the one at Jammu, therefore, even if it is assumed that the petitioner has any ground for seeking transfer of the challan to any court other than the one at Jammu, this court cannot come to his rescue”, Justice Dhar said.
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