Jammu & Kashmir High Court
Adil Manzoor Langoo And Anr vs U.T. Of J&K on 3 March, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
9
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
TrP (Crl) No. 03/2025
CrlM No. 303/2025
Adil Manzoor Langoo and anr .....Appellant(s)/Petitioner(s)
Through: Mr. F. A. Wani, Advocate
(th. virtual mode)
vs
U.T. of J&K ..... Respondent(s)
Through: Mr. Vishal Sharma, DSGI
Mr. Vipin Kalra, PP NIA
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
03.03.2025
1. Notice. Notice waived by Mr. Vishal Sharma, learned DSGI for the respondent.
2. In the present petition, the petitioners have sought transfer of the N.I. A case RC-01/2024/NIA/JMU in case Crime No. 08/2024 from NIA Court Jammu to NIA Court Srinagar for determination on the ground that it is the only NIA Court at Srinagar that has the jurisdiction to try and adjudicate the case. It is further stated that the witnesses in respect of the commission of offence are mostly stationed at Srinagar and it is inconvenient for the petitioners' family members to attend the Court proceedings at Srinagar.
3. Mr. F. A. Wani learned counsel for the petitioner's has argued that it would be convenient for the prosecution as well as the petitioners/accused that the trial in the above mentioned case is conducted at NIA. Court at Srinagar.
4. Per contra, Mr. Vishal Sharma, learned DSGI has submitted that there is only one NIA Court established under Section 11 of the NIA Act in whole 2 Trp (Crl) No. 03/2025 of the U. T. of J&K and in terms of the notification dated 25.10.2024 of the Ministry of Home Affairs, the jurisdiction of the said Court extents throughout the Union Territory of Jammu and Kashmir in respect of the matter investigated by the National Investigation Agency. Mr. Vishal Sharma has further relied upon the judgment of the coordinate Bench of this Court in Trp(Crl) No. 11 of 2020, tilted, "Davinder Singh vs. Union of India and ors" dated 12.04.2021.
5. Heard learned counsel for the parties.
6. The ground on which the transfer is being sought by the petitioners that only the NIA Court at Srinagar has the jurisdiction to try the offence, is misconceived in light of the notification dated 25.10.2024(supra). The coordinate Bench of this Court in Davinder Singh's case (supra) has also observed that the case pertaining to scheduled offences investigated by NIA can be tried only by the Special Court constituted by the Central Government under Section 11 of the NIA Act and not by the Special Court constituted by the State Government.
7. More so, the petitioners/accused cannot seek the transfer of the case just because the majority of the witnesses are residents of Srinagar.
8. In view of the above, there is no merit in the present petition, as such, the same is dismissed.
(RAJNESH OSWAL) JUDGE Jammu:
03.03.2025 Suraj Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.03.06 13:56 I attest to the accuracy and integrity of this document