Excelsior Correspondent
Srinagar, Sept 15: The High Court today heard the case of Nadimarg massacre of 24 persons of minority community that took place in 2003.
Justice V C Koul heard the matter of prosecution for adducing further evidence in the matter before the trial court and kept the matter for further proceedings on September 26.
The prosecution has argued the matter while the counsel for the other side submitted for arguing it on the next date of hearing. Court kept the matter as ‘Heard in Part’.
On August 25 while hearing the application filed by the prosecution seeking recalling of order dated 21.12.2011 whereby the criminal revision petition of prosecution was dismissed for non-prosecution.
The case pretained to the killing of 24 persons belonging to minority community at village Nadimarg in the year 2003.
Court recalled the order of dismissal of criminal revision filed by the prosecution and treated the order as a nullity being against the settled law.
The prosecution today submitted that there are a number of eye-witnesses of the massacre but unfortunately they being Kashmiri Hindus had to migrate to Jammu after the incident and are afraid of coming to the Valley for appearing before court.
It has been further pleaded that only 13 witnesses were produced before the Trial Court and the witnesses who have migrated to Jammu did not appear before the Court and when prosecution served notices to them as they refused to respond and the appointment of commission to examine all the eye-witnesses was sought but that application was rejected by the trial court in 2011.
“The trial court has failed to take any such action in murder trial cases and question of fixation of time bound programme does not arise at all and instead of that trial court is bound to take all efforts for seeking production of witnesses before Court”, prosecution pleaded.
Prosecution also pryaed that either the challan deserves to be transferred to some Competent Court at Jammu so that evidence in the challan is recorded without any fear and terror and witnesses are able to appear before Court and record their statements so that Court comes to a just conclusion and fare Trial is conducted or it is bounded duty to issue commission and get the statements of the witnesses who have migrated to Jammu recorded through commission.
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