STATE TIMES NEWSJAMMU: Presiding Officer TADA Court Subash C Gupta on Thursday issued fresh production warrants of JKLF Chairman Yasin Malik, directed Incharge Tihar Jail to produce him on next date of hearing and adjourned the case for September 11, 2019 for arguments on charge/discharge. The warrants were issued in the case related to kidnapping of Rubaiya Sayeed and killing of IAF personnel. While issuing fresh production warrants, Court observed that warrants issued earlier have been received back with an endorsement of one Kishore Kumar, PC, CBI, ACB Jammu that it has been handed over to the DaK Section of Tihar Jail, New Delhi. “This exercise appears to have been made by the Process-Server, CBI on August 17, 2019. Non production of the accused may be due to paucity of the time. Accordingly office is directed to issue fresh production warrants and hand over the same to the Public Prosecutor, CBI for its execution. He is advised that CBI shall handover the same to the Superintendent, Tihar Jail, New Delhi, well in time, so that he gets sufficient time for arranging the production of the accused -Yasin Malik before this court. Other accused who are causing appearance, earlier, are exempted from personal appearance for today’s date, on the ground referred by their counsels in the exemption application filed on their behalf”, the court observed. According to case, 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 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, 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 and on September 18, 1990 the chargesheet 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 for transfer of the aforesaid 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 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 stayed the proceedings of the Trial Court.
In the case of 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 Rawal Pora, Police Station -Saddar Srinagar who has 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.
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