HC transfers advocate Qadri killing case hearing to Jammu NIA court

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SRINAGAR: Jammu and Kashmir High Court has transferred the trial of the case related to the killing of advocate Babar Qadri to the National Investigation Agency (NIA) court in Jammu on the petition moved by state investigation agency (SIA).

The court took into account the alleged threats being issued to Qadri’s family to prevent them from prosecuting the case. In the chargesheet, police had named Shahid Shafi Mir of Kolipora in Khanyar, Zahid Farooq Khan of Shampora in Nowhatta, Mohammad Asif Bhat of Jogiwan in Amdakadal, Lal Bazar, Munir Aziz War alias Qari Munir of Hatmullah in Kupwara and Towseef Ahmad Shah of Parimpora.

One of the accused named in charge sheet was killed in an encounter. Senior additional advocate general submitted before the court that the fair trial is not possible in Srinagar because the witnesses, more particularly, the father and brother of the deceased are being harassed and threatened to depose in favour of the accused.

“It is substantiated by the fact that no counsel from Srinagar was willing to conduct the case on behalf of the complainant, which necessitated the complainant to engage an advocate from Jammu for filing the application seeking further investigation,” the AAG told the court.

The court also directed the special judge designated under NIA Act, Srinagar, to send the record of the chargesheet to the transferee court.

In July last year, SIA was handed over the case keeping in view it’s sensitivity. Qadri was shot dead outside his house in the Hawal area of Old City in Srinagar on September 24, 2020, by unidentified accused. Qadri, in his late 30’s then, was not a protected person but in 2018, his car was fired upon.

In 2022, Jammu and Kashmir Police, while investigating the case, had conducted searches at the residences of three advocates in Srinagar, including that of former J&K High Court Bar Association (JKHBA) president Mian Qayoom.

Source:- (Hindustan Times)

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