The High Court Wednesday allowed two applications of the Central Bureau of Investigation (CBI) seeking transfer of the two writ petitions, which the Jammu and Kashmir Liberation Front chairman Yasin Malik had filed in cases relating to IAF personnel's killing and Rubiya Sayeed kidnapping, from Srinagar to Jammu wing of the court.
In both these cases, the chargesheet had been filed in theTADA court, Jammu. However, Malik had filed two petitions (431 and 432) in2009, requesting that the cases should be transferred to Srinagar wing of theHigh Court.
However, on 26 November 2009, the writ court had orderedthat the proceedings before the trial court should remain in abeyance.
Today, the Court transferred the matter to its Jammu wingafter hearing assistant solicitor general TM Shamsi on behalf of the CBI andsenior advocates ZA Shah, ZA Quresh with advocates IA Sofi and A Hanan andRehana on behalf of Malik and others.
"The writ petitions 431 and 432 cannot be taken up forconsideration at Srinagar wing and have to be sent to the Jammu wing forhearing and decision in accordance with Circular 6 dated 18 December 2010 andGuideline 94 dated 7 December 2018," the court said.
The court said the records relating to the two writpetitions should be sent to the Jammu wing for hearing and decision forthwith.
"The registrar judicial Jammu shall inform counsels for theparties in the writ petitions regarding the listing of the case," the courtsaid.