Chief Judicial Magistrate (CJM) Srinagar is competent enough to transfer cases from the courts established under 13th Finance Commission (FC).
This was observed by CJM Srinagar Gowhar Majid Dalal after hearing parties on an application seeking transfer of a case from the court of Additional Special Mobile Magistrate, Pantha Chowk to any other court of competent jurisdiction.
The CJM said that Additional Special Mobile Magistrate Pantha Chowk is a “regular court” and subordinate to the CJM Srinagar “in terms of criminal matters having the jurisdiction to entertain”.
The application filed by advocate Mir Naveed Gul was opposed by opposite party on various grounds including that the CJM has no jurisdiction over special courts established under the 13th Finance Commission.
“If the CJM is not having the control over the Additional Special Mobile Magistrate Pantha Chowk then in absence of the Presiding Officer due to leave or some other exigency, how the remands, challans, etc. are being presented before the CJM Srinagar and during the winter vacation also the assignment of work over the territorial jurisdiction Pantha Chowk is assigned by the CJM Srinagar,” the court observed.
The court said that even the copies of the remand orders passed by Additional Special Mobile Magistrate Pantha Chowk and copies of statements recorded by the Additional Special Mobile Magistrate Pantha Chowk are forwarded to the CJM Srinagar.
“Had the Additional Special Mobile Magistrate Pantha Chowk been not subordinate to CJM Srinagar then the Magistrate was not bound to forward the copies of remands and record of statement orders to the CJM Srinagar,” the court said.
The court said that Pantha Chowk is a Tehsil and is part of the district Srinagar. “At Srinagar except Pantha Chowk all other Magistrates are housed in the same building and the CJM assigns the work to all other Magistrates”.
While referring to various provisions of law, the court said the CJM Srinagar has been assigned with the powers for the entire district Srinagar and there is no notification from the High Court where the jurisdiction of the CJM is barred over the territorial limits of the Pantha Chowk.
“So, the objection raised by the counsel for non-applicant that CJM has no powers to entertain the transfer application is without any merit,” the court said.