Cases of Rubiya Syed kidnapping, killing of 5 Air Force officials
Excelsior Correspondent
JAMMU, Mar 11: The State High Court today reserved its order on the CBI petition seeking transfer of cases against JKLF chief Mohd Yasin Malik in the much publicized kidnapping of Rubiya Syed and killing of five Air Force officials at Batmaloo in 1990, from Srinagar to Jammu.
After hearing both the sides, Chief Justice of J&K High Court, Gita Mittal today reserved the petition for orders.
The Chief Justice had heard the CBI application for transfer of the cases through video conferencing on March 6, 2019 and directed counsel for Yaseen Malik and others to file objection within one day besides asking the Registry to list the application on March 11, 2019.
Pertinent to mention that both the cases are still at the stage of framing charge for the last 30 years.
In its application for transfer of the cases, the CBI has explained that the matter pertains to criminal investigation cases, in which the main accused Mohammad Yaseen Malik is an influential person who is likely to influence proceedings of the matter and hence in order to ensure effective adjudication of the matter, it would meet the ends of justice if the matter is transferred to the High Court of Jammu and Kashmir at Jammu.
During the course of trial in Rubiya Sayed kidnapping case, a petition dated 25.10.2008 for transfer of the case was filed before the designated Court of TADA at Srinagar. Objections to the said application were filed by the CBI and after hearing both the parties, the application was rejected. Against the said order of Trial Court, the Petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 432 of 2009 dated 30.04.2009 and the High Court stayed proceedings of the Trial Court.
In the killing of five Air Force personnel, charge sheet in this case was filed by CBJ on 31.08.1990 in the Court of 3rd Additional Session Judge (TADA cases Jammu) against the accused Persons i.e. Petitioners. During the course of trial, a Petition dated 25.10.2008 was filed for transfer of the said criminal case to the designated court at Srinagar. Objections to the said Application were filed by the CBI and after hearing both the parties the Application was rejected vide order dated 20.04.2009. Against the said order of Trial Court, the Petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 431 of 2009 dated 30.04.2009 and the High Court stayed proceedings of the Trial Court.
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