Attacks On Politicians Who Do Not Subscribe To Separatists Ideology Still Prevalent In Kashmir Valley: High Court

Ex-Health Minister Khan was accused of molesting a lady doctor, who happened to be the wife of a separatist leader. Subsequently, a first information report came to be registered against him on February 6, 2014 at Shaheed Gunj police station in Srinagar for allegedly committing the offences punishable under section 354 (outraging modesty of woman) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Ranbir Penal Code (RPC).

In his transfer plea the petitioner submitted that he had engaged the service of advocate Mohd Abdullah Pandit for defending his case before the court of Chief Judicial Magistrate, Srinagar and when the said advocate argued his case before the Magistrate, he received threat to his life. As a consequence, he refused to appear on behalf of the petitioner, it was pointed out.

Petitioner Khan further submitted that two more lawyers, advocates Maroof Khan and Shokat were approached by the petitioner to appear on his behalf but they also refused to accept the brief of the petitioner.

He contended that atmosphere surrounding the court premises is highly surcharged and hostile and whenever, he appears before the court, slogans are being raised against him inside and outside the court premises, the plea said.

The Court remains jam packed and the petitioner apprehends grave and serious bodily attack from the crowd which gathers over there upon the instigation of the separatists, he averred.

After hearing the contentions Justice Sanjay Dhar observed that the apprehension of the petitioner that he will not receive a fair trial in the case at Srinagar, appeared to be well founded.

"It is a fact of common knowledge that incidents of attacks on main-stream politicians and the people who do not subscribe to the separatists ideology are still taking place in Kashmir valley. Therefore, it cannot be stated that apprehension expressed by the petitioner to his life at Srinagar while facing trial before the court is unfounded," the Court said.

Pointing out to the fact that the contention of petitioner that at least three advocates in Srinagar whom he had approached to take up his case, showed their inability to do so, has remained un-rebutted and that the respondent No. 2 happens to be wife of a separatist leader, who wields some influence amongst certain sections of people living in the valley who subscribe to his ideology, the court observed that the apprehension expressed by the petitioner to his life while facing trial before a Srinagar court cannot be said to be unfounded.

Accordingly, the Court allowed the plea and allowed transfer of the trial from Srinagar court to Jammu court and directed parties to appear before the court of Chief Judicial Magistrate, Jammu on April 12 by which date, Chief Judicial Magistrate, Srinagar should transfer the original records of the file to the court of Chief Judicial Magistrate, Jammu.

Case Title: Shabir Ahmed Khan V/s State of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 37

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