Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court

Recognizing that the petitioners had legitimate security concerns due to their migration from Kashmir in the past the Jammu and Kashmir High Court allowed a virtual hearing for the party from the Jammu Wing in a case before its Srinagar Wing.

The petitioner had sought the transfer of the appeal from the Srinagar Wing to the Jammu Wing, citing security concerns. However, the court stated that the availability of virtual hearings mitigates the necessity for a physical transfer of the case.

Chief Justice Tashi Rabstan observed that two decades ago, the respondent had filed the suit in the Srinagar court, and there was a threat perception to the petitioner. As a result, it was not possible to contest the suit, nor was the virtual mode of appearance available at that time. The court added that, at the request of the petitioner/defendant, the suit was transferred to Jammu.

The court further stated that although the threat perception cannot be denied even now, considering the availability of virtual facilities in both Wings of this High Court, the applicants/petitioners have the option to attend the hearing virtually through their counsel from Jammu itself.

Instead of transferring the case to Jammu, the court ordered that the petitioners be allowed to participate virtually from Jammu whenever the case is heard at the Srinagar Wing. The Registrar (Judicial) of the Srinagar Wing was directed to provide a virtual link for the petitioners and their counsel well in advance.

BACKGROUND:

The petitioners sought the transfer of a case from the Srinagar Wing to the Jammu Wing of the High Court. The dispute pertains to 17 kanals and 2 marlas of land in Village District Shopian. Respondents had originally filed a suit claiming ownership of the land based on adverse possession.

A compromise decree was allegedly obtained fraudulently before the Munsiff Court, srinagar, without issuing summons to the defendants. When the fraud was discovered, the defendants/petitioners challenged the decree, and the High Court transferred the case to the Munsiff Court, Jammu, due to security threats faced by the petitioners, who had migrated to Jammu.

The suit was contested in Jammu for nearly two decades and was ultimately dismissed. However, instead of appealing the decision in Jammu, respondents 4 to 7 filed a case before the Srinagar Wing of the High Court. The petitioners argued that their security concerns remained valid, and they feared appearing before the Srinagar Wing, hence the present transfer petition.

APPEARANCE:

Virender Bhat, Advocate FOR Petitioners

Monika Kohli, Sr. AAG, for 1 to 3

Mohd. Yawar Hussain, Advocate, for 4 to 7 (through video conferencing)

Case-Title: Dileep Kumar Raina and Ors. vs UT of J&K and others,

Citation: 2025 LiveLaw (JKL) 112

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