SRINAGAR, Nov 6: The High Court has rejected transfer of the trial of infamous Gulmarg land scam case from the Court of Special Judge, Anti-Corruption, Baramulla to any other Court and directed the trial court to hear the case on charge and discharge.
The application was moved by the then Divisional Commissioner Kashmir, Mehboob Iqbal, who is also facing trial before the Anti Corruption court as he is named as one of the accused in the charge sheet filed by Vigilance Organization Kashmir (VOK).
Hearing the application of Mehboob Iqbal seeking transfer of the case titled ‘State through VOK v/s Mehboob Iqbal & Others pending before the Court of Special Judge, Anti-Corruption, Baramulla, to any other Court of competent jurisdiction, the High Court dismissed the same with the observation that the applicant was required to spell out sufficient reasons in the application to justify the indulgence of the court in directing the transfer of the case from one court to another.
“No justified ground has been agitated by the petitioner to carve out a case in his favour. The transfer of the case cannot be directed on the allegations that are weak and fragile in nature and have no substance in them”, the court recorded.
Court while dismissing the application for transfer of the case, said, it cannot interfere unless the reasons detailed in the petition are such that the court comes to the conclusion that the trial of the case in the court from where the transfer is sought will work injustice to the other side.
“The transfer of the case cannot be sought on mere presumptions, speculations, surmises and conjectures. In view of the above, the instant transfer application sans merit. It entails dismissal and is, accordingly, dismissed, along with all connected IA(s)”, the court concluded.
Court, however, allowed the revision petition moved by Iqbal challenging therein the order of trial Court (dated March 31, 2018) wherein parties were asked to argue the case for charges on next date.
In essence Iqbal had moved an application before the trial court for summoning the documents viz the opinion of the then Advocate General and the Law Department and instead calling those documents and deciding the application of petitioner Iqbal, the trial court kept the case for arguments on charges.
Aggrieved of the said order, Iqbal moved a revision petition before the court seeking setting aside of the order of March 31.
Court in view of the grounds taken in the revision petition and perusal of the trial court order dated March 31, 2018, passed by the court of 1st Additional District Judge, Special Judge, Anti-Corruption for the district Baramulla, quashed the same and remitted the trial court record as also the record produced by the Vigilance Organization to the trial court back.
Court further directed the trial court to hear arguments on charge and discharge, taking into consideration the records produced before this court by the Vigilance Organization, the report in the final form and accord due consideration to the written submissions and the oral arguments that may be filed and advanced by the counsel for the respondents as also the State before passing any order.