The trial court hearing the lynching case of DSP Muhammad Ayub Pandit on Saturday sent back the case file to district and sessions court Srinagar.
DSP Muhammad Ayub Pandit was lynched at Nowhatta in Downtown here on 22 June last year.
As the case came up for hearing, the two prosecution witnesses were present in the court for examination. One of the defence counsels advocate Mushtaq Ahmad Dar said the court refused to examine the witnesses after the prosecution pleaded that they will file a revision petition before High Court against the order dated 22 June 2018 of the trial court.
On 22 June, the court of the fourth additional session judge Srinagar, had allowed prosecution witness to record his statement before the court in absence of accused in the case.
"I do not see any impediment in recording the statement of the witness in attendance, in presence of their advocates, who have not been brought before the court. Consequently, it is ordered that the statement of the said witness be recorded," the court had said.
Today, out of 17, only one accused was produced before the court. Prosecution told the court that it is going to file a revision petition against the order dated 22 June 2018.
However, defence counsel advocate Mushtaq Ahmad Dar requested the court to examine the witnesses saying that "as of now, there is no stay order from the higher court against the proceeding or examination of witnesses."
The defence counsel said: "Mere presence of revision petition is no bar on the proceedings." He agitated the absence of investigation officer of the case during today's hearing. "In view of the judgment of the Supreme Court, the investigation officer is supposed to be present on each and every date of hearing so that the witnesses could be produced and if any of the witnesses fails to appear before the court for examination, the court may issue bailable or non-bailable warrant for the production of the witnesses."
However, the court granted time to prosecution for filing of revision petition and declined to examine the witness.
The trial court also finally decided to send back the file to principal district and sessions court Srinagar. The case has been listed on 9 July 2018.