CJ directs Yaseen Malik’s counsel to file objections in a day
n STATE TIMES NEWS JAMMU: Chief Justice J&K High Court Gita Mittal after hearing in the matter of the transfer application filed by CBI in a much highlighted case of kidnapping of Dr. Rubiya Sayeed, daughter of Ex-Home Minister late Mufti Mohammad Sayeed and sister of Ex Chief Minister Mehbooba Mufti and killing of five Air Force personal at Batmaloo in the year 1990, through video conferencing on Wednesday directed Yaseen Malik’s counsel and others to file objections within a day and directed the registry to list this application on March 11, 2019. The CBI has filed transfer application of the case which was filed by Mohammad Yaseen Malik and others in State High Court and the trial was stayed by the High Court. Both cases are at the stage of framing charges for the last 30 years. According to the application filed by the CBI, the matter pertains to a criminal investigation which has been taken over by the CBI on the basis of notification of Government of J&K vide order under Section 6 of the Delhi Special Police Establishment (DSPE) Act 1946 on February 22, 1990 and notification of Government of India under Section 5 of DSPE Act dated March 1, 1990. FIR bearing 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 under 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. (Miss) Rubiya Sayeed resident of Nowgam District Budgam while going in a Tata Mini (JKF 697) from Lala-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 demands were not met with and also created terror amongst all the passengers by showing gun and pistols to them including Dr. Rubiya Sayeed.
On September 18, 1990, the charge sheet in this case was filed by CBI under Section 120-B read with Sections 364, 368 and 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 i.e. petitioners. 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 afore-stated 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. Later, 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 subsequently the High Court stayed the proceedings of the Trial Court.
In the killing of 5 Air Force personnel, an FIR vide No. RC 01 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of Mohammad Din, Head Constable No. 364/S at Police Post Rawalpora, Police Station -Saddar Srinagar who has lodged an FIR (22/90) 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 about 40 Air Force employees including a woman were seriously injured while 2 of them died on the spot. The unknown terrorists escaped after firing and the injured were taken by Air Force employees to Badami Bagh Hospital Srinagar for treatment. The charge-sheet in this case was filed by CBJ on August 31, 1990 under Section 120-B read with Section 302 of RPC, Sections 3 and 4 of TADA and Section 27 of Arms Act 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 October 25, 2008 in terms of SRO 168 dated May 1, 1990 read with SRO 70 dated February 5, 1991 for transfer of the afore-stated criminal case to the designated court at Srinagar was filed. Objections to the said 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. 431 of 2009 dated April 30, 2009 and subsequently, the High Court stayed the proceedings of the Trial Court.
CBI requested before the court that the main accused in the matter namely Mohammad Yaseen Malik is an influential person in the State of Jammu and Kashmir and there is every likelihood that he will influence the 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.
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