ORDER: - One Zulfikar Majid Shah has been arrested in FIR No. 135/03 registered at P/S Anantnag u/Ss. 302, 364, 109, RPC and 7/25 I.A. Act in connection with kidnaping/abduction and murder of one Irfan Majid Sheikh at Anantnag. On behalf of this accused two applications one for bail and another for transfer of the case have been filed. 2. During pendency of the bail application final report u/S. 173, Cr.P.C. (Challan) was filed in the Court of competent jurisdiction at Anantnag. Mr. S. T. Hussain Ld. Counsel for the applicant is candid enough to submit that the accused stands committed to sessions Court for trial at Anantnag. In view of this circumstances, on 14-7-2003 it is observed," obviously above raised question can be taken up, before the Sessions Court seized of the matter." The prayed bail for the accused on legal and factual questions/queries raised thereto are left to be addressed before the Sessions Judge who is to try the case. This should be end of the bail matter at this stage so far as this Court is concerned. Cr. T.A. 14/03 3. In the Cr. T. A. the grounds on which transfer is prayed for is that one Mohd. Ashraf Sheikh brother of deceased Irfan Majid Sheikh is PP, at Anantnag. The lawyers at Anantnag and Pulwama are under his influence and he as Public Prosecutor brought pressure on police to produce challan against the accused. Petitioners father approached lawyers both at Anantnag and Pulwama who are hostile and are not prepared to appear on his behalf in the case against their colleague said Mohd. Ashraf Sheikh. It is further stated that the case may be transferred to any Court at Srinagar, when it is easy for all the parties to reach Srinagar. 4. Heard counsel for the parties. 5. Mr. M. A. Rathore, AAG tenders statement that Mohd. Ashraf Sheikh has been since removed from the post of P.P. at Anantnag and one P.S. Ahmed is the new incumbent P.P. for Anantnag. Mr. S. T. Hussain is not contesting this submission and factual position as on today. With the removal of Mohd. Ashraf as P.P. the main ground put-forth for sought transfer of the case is knocked out. The question of bringing undue influence on every lawyer at Anantnag whose number is over 200 is difficult to visualize.
Mr. S. T. Hussain is not contesting this submission and factual position as on today. With the removal of Mohd. Ashraf as P.P. the main ground put-forth for sought transfer of the case is knocked out. The question of bringing undue influence on every lawyer at Anantnag whose number is over 200 is difficult to visualize. This is more so as in this case there is nothing on record even in application to name any lawyer who was approached to defend to the case but refused to do so. Mere omnibus statement that lawyers were approached but they have shown their inability to appear on behalf of the accused in the case would not suffice in the least. Even so there is nothing on record to show that why the lawyers of Pulwama District are hostile to the accused, when nothing is stated in that respect even in the application. Mere statement that lawyers are hostile without anything more is too much locale of offence, parties and witnesses are from Anantnag and challan has been also filed in the Court of competent jurisdiction at Anantnag. The accused is committed to sessions for trial. There is nothing to indicate that the accused is facing any hostile atmosphere or adverse circumstances which impinge on fair and impartial trial of the case at Anantnag, Trial of the case at Srinagar compared to Anantnag, cannot be to the convenience of the parties or witnesses. 6. No merit is seen in this application, which is accordingly dismissed as an expediency of justice and law. The Session Judge, Anantnag is directed to proceed with the trial of the case under law. Inform Court below of this order. Disposed of.