NEW DELHI, JAN 9: Founding member of the Jammu and Kashmir Liberation Front (JKLF), Mohammed Hashim Qureshi, who is accused of hijacking an Indian Airlines plane in 1971, will be flown to Jammu and Kashmir on Wednesday after the Delhi High Court on Tuesday vacated a stay on a lower court's transit remand.In a sudden turn of events, Qureshi withdrew his habeas corpus challenging his second trial in India. ``I have instructions from the petitioner's counsel that he wants to withdraw the petition,'' said senior advocate K T S Tulsi. ``Without prejudice, we may raise the issue at a subsequent stage at a different forum.'' Tulsi said Qureshi was very anxious to visit Kashmir. ``He wants to kiss the soil of his watan (native place) and breathe freely. Qureshi says if he has to face a second trial, then let it take place in Kashmir.''Mohammed Aslam Qureshi, his younger brother, told reporters that Hashim Qureshi's return to India was acquiring political colour and the purpose of his comeback was being defeated. ``Hashim's health is fine now but he is scared of being lodged in Tihar jail.'' On December 31, a division bench of Justices Joseph Cyriac and S N Kapoor had stayed metropolitan magistrate Kamini Lau's order to J&K police for producing Qureshi before the chief judicial magistrate in Srinagar by 4 pm on January 1. The order was passed on an application filed by the J&K police seeking his custody in the case registered in 1971 when Qureshi and his associates had hijacked an Indian Airlines Fokker Friendship plane on its way to Jammu from Srinagar, and finally blew it up at Lahore in Pakistan.Earlier, expressing surprise, a division bench comprising Justice Cyriac Joseph and Justice S N Kapoor dismissed as withdrawn Qureshi's petition which had also challenged a lower court order granting his remand to Kashmir police in the case."All our efforts have gone in vain," said the bench, which had sought Attorney General Soli Sorabjee's assistance in deciding the case.The court, while communicating its order to the Additional Chief Metropolitan Magistrate (ACMM) at Patiala house, to take appropriate steps, vacated its interim order staying Qureshi's transit to Jammu and Kashmir, where the hijacking case is pending.The Kashmir police had registered a case at Srinagar agianst Qureshi on charges of wrongful confinement, robbery, kidnapping and ciminal conspiracy after the hijacking incident.On the same night, Qureshi had moved the Delhi High Court challenging the magistrate's order on the ground that his detention was illegal and that he could not be retried as per the law as he was already sentenced to life by a Pakistan court and had served a prison term for over nine years.Kashmir police had maintained that Qureshi was tried in Lahore in Pakistan for wrongful confinement, mischief and for violation of the provisions of Official Secrets Act as an Indian agent keeping in view the Enemy Agents Ordinance and not for the charges levelled against him in the FIR at Srinagar.Considering the international ramifications, involvement of three separate set of laws involving India, Pakistan and Jammu and Kashmir, the bench had thought it appropriate to seek the assistnace of the Attorney General.Soon after the court started its proceedings, Additional Solicitor General K K Sud said Sorabjee could not appear before the court because of his pre-occupation.
