igh Court on Thursday dismissed a plea, filed by suspended Deputy Superintendent of Police, Davinder Singh, seeking transfer of his case to anti-terrorism court in Srinagar.
The petitioner has sought transfer of the challan to the Special Court (Additional Sessions Judge, TATA/POTA) Srinagar.
“There is no other Special Court within the jurisdiction of High Court of Jammu and Kashmir except the one at Jammu, therefore, even if it is assumed that the petitioner has any ground for seeking transfer of the challan to any court other than the one at Jammu, this court cannot come to his rescue”, Justice Dhar said.
It recorded that the transfer of such a case can be made only to any other Special Court constituted by the central government under Section 11 of the Act and not to any other Special Court constituted under any other provision of the Act.
The petition filed by Davinder Singh through counsels had sought transfer of a challan to the Special Court Srinagar on the ground that most of the witnesses whose statements pertain to Kashmir division.