STATE TIMES NEWSJAMMU: Presiding Officer TADA Court Subash C Gupta on Tuesday partly heard the arguments on charge/discharge in the much publicised case of kidnapping of Rubaiya Sayeed and killing of IAF personnel, and fixed March 2, 2020 for hearing of arguments. While adjourning the case, the court directed jail authorities to produce accused Yasin Malik and Shoukat Ahmed Bakshi, preferably personally and if not possible for security or other reasons then through video conferencing on next date of hearing. According to case, FIR vide No. RC 07 (S)/ 1990/SIU.V/SC-II was registered on the basis of complaint of SHO Police Station Saddar, Srinagar who earlier had lodged an FIR of case vide No. 339 dated December 8, 1989 under Sections 364 and 368 of RPC, Section 3(1) Terrorist and Descriptive Activities (Prevention) Act and 25 Indian Arms Act in Police Station Saddar against unknown accused persons. In the FIR it was mentioned that Dr. Rubaiya Sayeed, daughter of Mufti Mohammad Sayeed, resident of Nowgam District Budgam while going in a Tata Mini Bus bearing registration No. JKF 697 from Lal-Ded Hospital Srinagar to her house at Nowgam was kidnapped and taken to some unknown place by some unknown terrorists travelling in the same mini bus who threatened to kill her in case their illegal demands were not met and also created terror amongst all the passengers by showing gun and pistols to them including Dr. Rubaiya Sayeed and on September 18, 1990 the charge-sheet in this case was filed by CBI under Section 120-B read with Sections 364, 368, 109 and 34 of RPC, Section 3(1) TADA and Section 27 of Arms Act in the court of 3rd Additional Session Judge (TADA cases Jammu) against the accused persons. During the course of trial, a petition dated October 25, 2008 in terms of SRO 168 dated May 1, 1990 read with SRO 70 dated February 5, 1991 for transfer of the aforestated criminal case to the designated Court of TADA at Srinagar was filed. Objections to the aforesaid application were filed by the CBI and after hearing both the parties the application was rejected vide order dated April 20, 2009. Against the aforesaid 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 April 30, 2009 and the High Court ordered stay on the proceedings of the trial court.
In the killing of five Air Force personnel, an FIR bearing No RC 01 (S)/1990/SIU.V/SC-II was registered on the basis of complaint of Mohammad Din, Head Constable No. 364/S, Police Post Rawalpora, Police Station -Saddar Srinagar who had lodged an FIR of case No. 22 dated January 25, 1990 under Sections 302 and 307 of RPC, 3(1) Terrorist and Descriptive Activities (Prevention) Act of 1987 and 3/25 Indian Arms Act in Police Station Saddar against the unknown accused persons. In the FIR, it was alleged that in the morning of January 25, 1990 at about 7:30 AM when the Air Force employees who were living as tenants in the private house at Rawalpora had gathered and were waiting on the road at Sanat Nagar crossing for Air Force vehicles to go to their offices, some unknown terrorists fired with automatic weapons indiscriminately upon them with the criminal intention of killing them as a result of such firing about 40 Air Force employees including a woman were seriously injured while two of them died on the spot.
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