Majid Jahangir
Tribune News Service
Srinagar, October 25
The J&K High court has transferred the hearing of the quashing petition of the FIR against a serving Lieutenant Colonel of the Army in a case wherein the officer is accused of molesting a non-local woman inside an Army garrison in Kashmir last year.
Lt-Col Manohar Nagaraj had moved two transfer petitions before the Srinagar wing of the High Court — one for the transfer of hearing of the quashing petitions of FIR and one for the transfer of trial currently pending before the Judicial Magistrate, First Class, Ganderbal.
In his pleas to the court through his counsel, Lt-Col Nagaraj said the case was related to a period when he was posted in the Manasbal garrison and he has been now posted out of Kashmir and the case be shifted to the Jammu wing due to security apprehensions.
The petitioner expressed security apprehensions as an Army personnel and travelling to Srinagar for the purpose of hearing in the present petitions.
The petition was opposed by the victim’s counsel who submitted that there was no legal requirement for the petitioner to appear and attend the case on every date of hearing.
After hearing the two parties, Chief Justice Gita Mittal observed that it couldn’t be disputed that there was no legal requirement for parties to remain present for hearings in their case if the parties were duly represented by the respective counsels.
“..However, if parties are desirous of attending the hearings in their cases, barriers for the same must be removed. The petitioner in the case has expressed such intention. …It is also noteworthy that other than this objection, the respondent No 2 ( the victim) does not dispute the submission made on behalf of petitioner regarding his safety apprehensions regarding travelling to Srinagar as serving Army officer,” the court observed.
The Chief Justice ordered transfer of the petition to the Jammu wing of the High Court.
“The petition currently pending before this wing shall stand transferred to the Jammu wing of this High Court,” the order read.