ORDER : B.N. Agrawal and G.S. Singhvi, JJ. Heard the petitioner, who has appeared in-person in Writ Petition (Crl.) No. 310 of 2005, Shri Gopal Subramanium, learned Additional Solicitor General for the Union of India and learned counsel for the State. 2. In view of the changed situation our order dated 8th December, 2007, is modified thus-- Following cases are transferred from different courts, pending within the State of Jammu and Kashmir, as enumerated in Column [II], to the courts outside the State of Jammu and Kashmir, as enumerated in Column [V]:- SI. No. Name of undertrial prisoner Station and designation of the court in which case is pending Case no. in which undertrial is being tried Names of the district and State in which the jail is situated where the undertrial prisoner has been detained Designation, station and State of the court where the case is being transferred (1) (2) (3) (4) (5) 1. Hamid Nu-main Bhat, son of Mohd. Iqbal Bhat Sessions Judge, Srinagar Sessions case arising out of FIR No. 110 of 2002 PS Rajbagh, Srinagar District Jail, Sangroor, State of Punjab Sessions Judge, Sangroor within the State of Punjab 2. Mohd. Abdullah code Abu Talaha, son of Hassan Bakshi First Additional Sessions Judge, Jammu Sessions case arising out of FIR No. 134 of 2002, PS Bahufort, Jammu District Jail, Sangroor, State of Punjab Sessions Judge, Sangroor within the State of Punjab 3. Shahnawaz Malik alias Fouji, son of Kamadar Malik Sessions Judge, Kupwara Sessions case arising out of FIR No. 146 of 1998 PS Handwara Central Jail, Jodhpur, State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 4. Mohd. Yousuf Khaja, son of Mohd. Ayoub Sessions Judge, Kupwara Sessions case arising out of FIR No. 158 of 1995 PS Trehgam Central Jail, Agra, within the State of Uttar Pradesh Sessions Judge, Agra, within the State of Uttar Pradesh 5. Buland Khan, son of Atta Khan Sessions Judge, Kupwara Sessions case arising out of FIR No. 267 of 2003 PS Kupwara Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 6. Dilawar Sain, son of Hassan Sain Chief Judicial Magistrate, Kupwara Case arising out of FIR No. 274 of 1998 PS Kupwara Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 7. Mohd. Suhail alias Aamir, son of Mohd.
Dilawar Sain, son of Hassan Sain Chief Judicial Magistrate, Kupwara Case arising out of FIR No. 274 of 1998 PS Kupwara Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 7. Mohd. Suhail alias Aamir, son of Mohd. Anwar Sessions Judge, Anantnag Sessions case arising out of FIR No. 4 of 2000 PS Kokemag Central Jail, Tihar, NCT, Delhi Sessions Judge, Tis Hazari Courts, Delhi 8. Waseem Ahmed alias Abu Mohammad, son of Mohammad Hussain Sessions Judge, Kathua Sessions case arising out of FIR No. 85 of 2000 PS Anantnag Central Jail, Tihar, NCT, Delhi Sessions Judge, Tis Hazari j Courts, Delhi 9. Mohd. Imran Khan alias Iqbal, son of Mohd. Muzaffar Sessions Judge, Srinagar Sessions case arising out of FIR No. 174 of 2003 PS Ram Munshibagh Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within i the State of Rajasthan 10. Qamar Ayoub, son of Mohd. Ayoub Sessions Judge, Jammu Sessions case arising out of FIR No. 222 of 2001 PS Nowabad District Jail, Sangroor, within the State of Punjab Sessions Judge, Sangroor, within j the State of Punjab 11. Zulfikar Ali Rama alias Abu Jhan, son of Mohd. Yasim Sessions Judge, Jammu Sessions case arising out of FIR No. 102 of 2002 PS Pacadanga District Jail, Sangroor, within the State of Punjab Sessions Judge, Sangroor, within the State of Punjab 12. Ghulam Abbas alias Jassar alias Hamza, son of Manzoor Hussain Sessions Judge, Jammu Sessions case arising out of FIR No. 1 of 1998 PS Nowabad Central Jail, Varanasi, within the State of Uttar Pradesh Sessions Judge, Varanasi, within the State of Uttar Pradesh 13. Syed Sajad Ali Bukhari, son of Syed Shahpal Sessions Judge, Srinagar Sessions case arising out of FIR No. 136 of 1995 PS Parimpora Central Jail, Varanasi, within the State of Uttar Pradesh Sessions Judge, Varanasi, within the State of Uttar Pradesh 14. Assadullah Qadri, son of Syed Ullah Sessions Judge, Anantnag Sessions case arising out of FIR No. 123 of 1996 PS Anantnag Central Jail, Naini, within the State of Uttar Pradesh Sessions Judge, i Allahabad within the State of Uttar Pradesh 15. Rahil Ahmed Hashmi, son of Mushtaz Ahmed TADA Court, Srinagar Case arising out of FIR No. 21 of 1995 PS Parimpora District Jail, Sangroor, within the State of Punjab Sessions Judge, Sangroor, within the State of Punjab 16.
Rahil Ahmed Hashmi, son of Mushtaz Ahmed TADA Court, Srinagar Case arising out of FIR No. 21 of 1995 PS Parimpora District Jail, Sangroor, within the State of Punjab Sessions Judge, Sangroor, within the State of Punjab 16. Zaffarul Haq Jamali, son of Habib-ul-Rehman Sessions Judge, Poonch Sessions case arising out of FIR No. 1 of 2004 PS Mendhar Central Jail, Tihar, Delhi Sessions Judge, Tis Hazari Courts, Delhi 17. Mohd. Mubasir alias Ali Badar, son of Mohd. Tahir Sessions Judge, Kathua Sessions case arising out of FIR No. 11 of 1998 PS Hiranagar Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 18. Akram Asif, son of Mohd. Asif Sessions Judge, Pulwama Sessions case arising out of FIR No. 70 of 2006 PS Gharoota, Jammu Central Jail, Tihar, Delhi Sessions Judge, Tis Hazari Courts, Delhi 19. Mohd. Hamza Khan, son of Thok Mohd Sessions Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 20. Khairdin Khan, son of Haji Salam Khan Sessions Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam District Jail, Sangroor, within the State of Punjab Sessions Judge, Sangroor, within the State of Punjab 21. Taza Sarbaz, son of Mirza Ahmed Session Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Tihar, Delhi Sessions Judge, Tis Hazari Courts, Delhi 22. Abdul Gair, son of Abdul Gani Sessions Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Tihar, Delhi Sessions Judge, Tis Hazari Courts, Delhi 23. Baaz Mohmad, son of Mohd. Azim Sessions Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Tihar, Delhi Sessions Judge, Tis Hazari Courts, Delhi 24. Ab. Hamid Khan, son of Mohd. j Rahim Khan Sessions Judge, Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge, Jodhpur, within the State of Rajasthan 25. Mohd. Ayoub Khan son of Ab. Qadir Khan Sessions Judge Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge Jodhpur within the State of Rajasthan. 3.
Mohd. Ayoub Khan son of Ab. Qadir Khan Sessions Judge Kupwara Sessions case arising out of FIR No. 187 of 1997 PS Trehgam Central Jail, Jodhpur, within the State of Rajasthan Sessions Judge Jodhpur within the State of Rajasthan. 3. It is directed that the aforesaid cases, upon transfer, shall be tried either by the concerned Sessions Judge himself or made over for trial to any other court of competent jurisdiction. All the courts are directed to see that the trial is concluded within a period of one year from the date of receipt of copy of this order and the original records of the concerned sessions case. All concerned shall co-operate the courts in deciding cases within the time schedule. The courts concerned, before whom the cases are pending within the State of Jammu and Kashmir, the same having not been transferred outside the State, shall also dispose of the same within said time. The Courts in whose courts cases are pending are directed to transmit the original records to the courts where the cases have been transferred so as to reach the said courts within a period of one month from the date of receipt/production of copy of this order. 4. It has been stated that so far as accused Sonaullah Ranjay @ Bansi Lal S/o Ishaq Hussain is concerned, three cases namely, F.I.R. Nos.124/1994, 141/1994 and 146/1994 are pending against him since 1994 and charge- sheets have not been submitted therein as yet. Let the State of Jammu and Kashmir file response within four weeks as to why prosecution in these cases be not quashed on this ground alone. 5. So far as Murtaza Aquib code Abu Zahid S/o Mohd. Mustafa is concerned, it has been stated that charge-sheet has not been submitted in F.I.R. No.319 of 2001. Let the State file response within the same time as to why the prosecution be not quashed on this ground alone. 6. So far as Mohd. Nawaz code Ab. Hazarrat S/o Rehmat Ali, Shahzad Gull S/o Lt. Rana Mohd. Ibrahim and Shahid Latief S/o Ab. Latief, who have been lodged in Varanasi Central Jail, are concerned, it appears that the cases bearing Nos.03/05 P.S. J IC Jammu were registered against them in 2005 but the police has not submitted charge-sheets as yet.
So far as Mohd. Nawaz code Ab. Hazarrat S/o Rehmat Ali, Shahzad Gull S/o Lt. Rana Mohd. Ibrahim and Shahid Latief S/o Ab. Latief, who have been lodged in Varanasi Central Jail, are concerned, it appears that the cases bearing Nos.03/05 P.S. J IC Jammu were registered against them in 2005 but the police has not submitted charge-sheets as yet. Let the State show cause why investigation has remained pending for such a long time and in case, no satisfactory cause is shown, it would be open to this court to quash the prosecution. Response may be filed within the same time in this regard. 7. So far as Sher Khan @ Sheru S/o Abdul Qayoom Khan is concerned, it has been stated that he has been already acquitted in Sessions Case arising out of F.I.R. No.82/2002. It has not been stated that any appeal has been preferred against the order of acquittal. In case no appeal has been filed, the State of Jammu and Kashmir is required to recommend his case to the Central Government for deportation. Let the State file response in this regard within the same time. 8. It appears that accused Shahid Jan @ Qasim S/o Bismillah Jan, Fazal Din Code Akbar S/o Mohd. Sarwar and Mohd. Farooq Janbaz S/o Mohd. Yaqoob were recommended for deportation by the State of Jammu and Kashmir but no steps have been taken by the Central Government in this regard. Let the Union of India file its response within four weeks. 9. So far as Sohrab Khan S/o Mohd. Zahir Khan is concerned, it has not been stated in which jail he has been lodged though it has been stated in the affidavit that the trial against him is pending in the court of Principal Sessions Judge, Kupwara, within the State of Jammu and Kashmir in Sessions Case arising out of F.I.R. No.187/1997, P.S. Trehgam. Within the same time State should furnish name of the jail. 10. Place the matter on 15.12.2008 under the heading "Completed After Notice Matters". 11. Let copies of this order be sent to Director of Prosecution, Jammu and Kashmir, who will see that the records are transmitted to the concerned courts within the aforesaid time schedule and appropriate steps are taken before the transferee Court by the prosecution.
10. Place the matter on 15.12.2008 under the heading "Completed After Notice Matters". 11. Let copies of this order be sent to Director of Prosecution, Jammu and Kashmir, who will see that the records are transmitted to the concerned courts within the aforesaid time schedule and appropriate steps are taken before the transferee Court by the prosecution. Copies of this order may be also communicated to the Director of Prosecution, the States of Punjab, Rajasthan and Uttar Pradesh besides National Capital Territory, Delhi for the needful. Copies of this order be sent to the Registrar General, High Courts of Jammu and Kashmir, Punjab and Haryana, Rajasthan, Allahabad and Delhi for giving suitable directions to the concerned Courts within their respective limits for compliance of this Order. Copies of this Order may also be made over to the petitioner, who is appearing in person, Shri Gopal Subramaniam, learned Additional Solicitor General representing the Union of India and Shri Anis Suhrawardy, learned counsel appearing on behalf of the State of Jammu & Kashmir.