Two petitions filed by Jammu and Kashmir Liberation Front chief Yasin Malik, seeking transfer of trial into the abduction of late Mufti Sayeed’s daughter Rubiya Sayeed and killing of five Indian Air Force personnel from TADA Court in Jammu to Srinagar, were dismissed by Jammu and Kashmir High Court here on Friday as the very object of TADA Act will get completely defeated if it entertained any petition against the order passed by designated court under TADA.
The petitions were filed by JKLF chief seeking transfer of trial in both the cases from TADA Court in Jammu to additional designated court under TADA at Srinagar. Earlier, he had sought transfer of trial in Rubiya Sayeed’s abduction case to Srinagar which, TADA court at Jammu had rejected after hearing both the sides in April 2009. Against trial court’s order, Yaseen Malik approached Srinagar wing of the State High Court who stayed trial proceedings the same month.
Dismissing both the petitions, Justice Sanjay Gupta Friday observed that petition under Article 226 of the Indian Constitution read with Section 103 of the State Constitution against any order of the TADA Court is not required to be entertained by the high court. While it cannot be disputed that this court has jurisdiction under Article 226 to protect fundamental or legal rights, but this court may not interfere when there is an alternative and efficacious remedy available, he observed, adding that remedy provided under the TADA Act must be followed.
Referring to the argument of petitioner’s counsel that through the petitions he was seeking allocation of cases to the additional designated court under TADA at Srinagar and not transfer of cases from designated TADA Court at Jammu, Justice Gupta observed that the argument was not tenable as the courts are not required to see nomenclature of petitions but they have to see the intention of parties in filing the petitions. From bare perusal of contents of petitions and relief sought therein, one can definitely come to conclusion that petitioners have sought transfer of their cases from designated court, Jammu, to additional court at Srinagar, which is not permissible under law, he observed, dismissing the petitions and vacating stay trial earlier granted by the court.
The case regarding the abduction of Rubiya Sayeed was registered at Srinagar’s Saddar Police Station in December 1989 against unknown terrorists for kidnapping her from a TATA mini bus when she was on her way home from Lal Ded Hospital. She was later released in exchange of some jailed terrorists.
Another FIR pertaining to the killing of five IAF personnel by unidentified terrorists was also registered at Srinagar’s Saddar Police Station.
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