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3. A notification came to be issued thereafter by the Government of Jammu & Kashmir on 22.02.1990 under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE hereinafter) as well as a notification dated 01.03.1990 was issued by the Government of India under section 5 of the DSPE Act resulting in the investigation of the case being taken over by the Central Bureau of Investigation ('CBI' hereinafter). The case was registered by the CBI as RC 1(S)/1990/SIU.V/SC-II)

7. Investigation in this case was also assigned to the CBI on the basis of notification issued by the Jammu & Kashmir Government on 22.02.1990 under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE hereinafter) as well as a notification dated 01.03.1990 issued by the Government of India under Section 5 of the DSPE Act. The case was registered by the CBI as RC 07 (S)/1990/SIU.V/SC-II).

8. After completion of the investigation in the case, the charge sheet in this case was filed by the CBI on 18.09.1990 under Section 120- B read with Sections 364, 368, 109 and 34 RPC, Section 3 (1) TADA and Section 27 of Arms Act, before the designated court under the TADA Act being the court of 3rd Additional Sessions Judge (TADA Cases) Jammu.

9. During the pendency of trial in this case as well, on 25.10.2008, an application was filed by the accused persons under SRO 168 dated 01.05.1990 read with SRO 70 dated 05.02.1991 seeking transfer of the case to the designated TADA Court at Srinagar. CBI filed objections and opposed the application which came to be rejected by the order dated 20.04.2009.

10. Aggrieved of the order dated 20.04.2009, two writ petitions bearing OWP No.431/2009 & OWP No.432/2009 came to be filed by the petitioners/accused persons in Srinagar Wing (subsequently allotted OWP Nos.395/2019 and 396/2019 respectively, on these being transferred to Jammu Wing vide order dated 13.03.2019) for quashing the said order and for issuance of appropriate writ direction directing allotment/assignment of the case titled State through CBI v/s Muhammad Yaseen Malik and others, registered by CBI under R.C No.1(S)/90-SIU.V/CBI/N.Delhi originally registered by Police Station Saddar, Srinagar under FIR No.22/1990 dated 25.01.1990, to the Designated Court at Srinagar.

17. I have considered the rival contentions of learned counsel for the parties. Both parties have reiterated the stands taken in their pleadings.

18. From the pleadings of parties and as per admitted facts, petitioners are facing trial before court below in RC 1(S)/1990/SIU.V/SC-II) and RC 07 (S)/1990/SIU.V/SC-II). In both cases charges have not been framed yet. During pendency of these cases, petitioners filed two separate applications in two cases on same grounds for transfer of cases from Jammu Designated Court to the Designate Court at Srinagar Division in terms of SRO 168 read with SRO 70 (SUPRA). The title of application reads as under:-