Ex-Health Minister facing trial in molestation case
Excelsior Correspondent
JAMMU, Feb 23: Jammu & Kashmir and Ladakh High Court today transferred the molestation case registered against Shabir Khan, ex-Health Minister and presently Vice Chairman DDC from the court of CJM Srinagar to CJM Jammu.
The petitioner/accused filed the petition seeking transfer of criminal challan titled State of J&K Versus Shabir Ahmed Khan, which is pending trial before the court of Chief Judicial Magistrate, Srinagar to any other court of parallel jurisdiction at Jammu.
“The petitioner is a politician and due to political rivalry and in order to tarnish his image, he has been falsely implicated in a case on the basis of a complaint made by respondent, who happens to be wife of a separatist leader”, it was submitted before the High Court.
The High Court was further informed that petitioner engaged Advocate Mohd Abdullah Pandit for defending his case before the court of Chief Judicial Magistrate, Srinagar and when the Advocate argued his case before the Magistrate, he received threat to his life and thereafter, he refused to appear on behalf of the petitioner.
Two more lawyers were approached by the petitioner to appear on his behalf but they also refused to accept the brief of the petitioner. Moreover, whenever petitioner appears before the court, slogans are being raised against him inside and outside the court premises.
After hearing Advocate Ravi Abrol for the applicant, Justice Sanjay Dhar observed, “Section 526 of the Jammu and Kashmir CrPC, which is applicable to the instant case vests power with the High Court to transfer a case from Criminal Court Subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction”.
“The grounds on such power can be exercised by the High Court are enumerated in Clause (a) to (e) of the provision. One of the grounds of transfer of a case is when it is made to appear to the High Court that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto”, Justice Dhar said, adding “it is this ground which has been pressed into service by the petitioner in the instant case”.
Accordingly, High Court allowed the petition and ordered that the criminal challan titled State Versus Shabir Ahmed Khan arising out of FIR No. 9/2014 for offences under Sections 354 and 509 RPC registered with Police Station, Shaheed Ganj, Srinagar is withdrawn from the court of Chief Judicial Magistrate, Srinagar and is transferred to the court of Chief Judicial Magistrate, Jammu.
It was however, directed that the petitioner shall bear diet and travel expenses of all the prosecution witnesses, excepting those belonging to Police Department. The parties were directed to appear before the court of Chief Judicial Magistrate, Jammu on 12.04.2023 by which date, Chief Judicial Magistrate, Srinagar shall transfer the original record of the file to the court of Chief Judicial Magistrate, Jammu.
Follow our WhatsApp channel