Excelsior Correspondent
JAMMU, Jan 31: High Court has transferred the murder case of Advocate Babar Qadri from Srinagar NIA Court to Jammu NIA Court.
While allowing the petition of SIA, Justice Rajnesh Oswal, observed, “for a fair and impartial trial of a criminal case, it is imperative that the witnesses are in a position to depose in an atmosphere, which is free and not hostile”.
“Because of this reason only, appropriate measures have been put in place to ensure the protection of the witnesses, more particularly in criminal cases. It is also borne from the record that the applicant is investigating the matter in respect of the video uploaded by the deceased Babar Qadri wherein, he had leveled certain allegations against some Advocates”, Justice Oswal, adding “normally, this court would have directed the applicant to provide security to the witnesses but it is also borne from the record that the complainant could not lay a motion before the trial court for seeking further investigation as no lawyer from Srinagar was willing to render legal assistance to him, due to involvement of some influential lawyers based at Srinagar”.
“The father of the deceased Advocate had also pleaded that he was forced to sell his house and shift in rental accommodation because of threats and hostile situation. This court does not have even an iota of doubt that the fair trial of the case is not possible in Srinagar”, Justice Oswal said, adding “this court is of the considered view that once the material witnesses are facing threats for deposing in favour of the accused persons and no counsel was willing to render legal assistance to them in court at Srinagar, the present application deserves to be allowed for fair, transparent and impartial trial”.
While transferring the case to NIA Court Jammu, High Court directed the Special Judge Designated under NIA Act, Srinagar to send the record of the charge sheet to the transferee court forthwith.
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