Srinagar: The High Court of J&K and Ladakh has recalled an order passed in 2011 whereby it had upheld trial court’s dismissal of a plea by prosecution for examining witnesses on “Commission” in connection with killing of 24 persons belonging to minority community at Nadimarg in south Kashmir’s Shopian in 2003.
The prosecution plea was based on the contention that the witnesses had migrated out of Kashmir Valley and they were reluctant to depose before the trial court at Shopian in view of the threat perception.
Subsequently, the prosecution approached the high court this year with a plea seeking to recall the 2011 order.
After hearing the parties, the bench of Justice Sanjay Dhar allowed the prosecution's plea and recalled the order. The Revision plea has been listed for rehearing now on September 15.
Pointing out that the criminal revision petition was dismissed by High Court on 21 December 2011 without hearing the prosecution and without giving reasons for its dismissal, the court said:
“Therefore, the same can be recalled by this Court by treating the said order as a nullity being against the settled law that a criminal revision petition cannot be dismissed for non-prosecution”.
The police have filed challan against seven accused persons initially before the Court of Principal Sessions Judge Pulwamain connection with FIR No. 24/2003 for offences under Sections 302, 450, 395, 307, 120-B, 326, 427 RPC, 7/27 Arms Act and Section 30 of Police Act. It was later transferred to the Court of Principal Sessions Judge, Shopian, upon the creation of the Court.