That the present Petition has been filed for the transfer of trial proceedings under Section 406 of Code of Criminal Procedure in FIR no: ___________ to the actual competent court having jurisdiction to try the case. The Petitioner is being wrongly tried in Hon'ble NIA Court, New Delhi for the offences allegedly having been committed within the territorial jurisdiction of Hon'ble NIA Court Srinagar, J&K as per the bare facts relieved in the supplementary charge-sheet no.___________.
Petitioner has been languishing in jail from last six years, he was initially arrested in the year 2009 and subsequently slapped with a detention order no. _____, dated ____ under the provisions of J&K Public Safety Act, 1978 on the basis of his involvement in Case FIR no. ____ registered under section 7/25 Arms Act and u/s 18, 20 Unlawful Activities (P) Act. The said detention order was declared to be unlawful and came to be quashed by the Hon'ble High Court of J&K. Also, later on the said case FIR no. ____ also came to be dismissed by the trial court for lack of evidence.
The above express provision of law mandates that the trial going on before the Hon'ble NIA Court, New Delhi is unlawfully, arbitrarily and without any authority of law.
LIST OF DATES
__.02.__ Petitioner was arrested in Case FIR no. ___ and lodged in the custody of P/S ____, Srinagar.
__.04.__ Office of the District Magistrate, Srinagar issued a detention order No.DMS_____,dated ___ U/S 8 of the J&K Safety Act 1978.
01.1.__ Petitioner continued to be in unlawful judicial custody for about five months. Only then a frivolous supplementary charge-sheet came to be filed terming the Petitioner as accused no. 11 in the main case of __________. Alleging the Petitioner has committed offences in the State of J&K and for those offences will be tried in Hon'ble NIA court in New Delhi.
xx.xx.20__ Hence this Transfer Petition.
THE HON'BLE SUPREME COURT OF INDIA
(CRIMINAL TRANSFER JURISDICTION)
TRANSFER PETITION NO.
IN THE MATTER OF:
M A DA
S/O: A K
PRESENTLY IN CENTRAL JAIL NO.1
TIHAR JAIL, NEW DELHI. ....PETITIONER
1. UNION OF INDIA
THROUGH HOME SECRETARY,
MINISTRY OF HOME AFFAIRS,
NEW DELHI - 110001
2. NATIONAL INVESTIGATION AGENCY,
6TH & 7TH FLOOR, NDCC-II BUILDING,
JAI SINGH ROAD, NEW DELHI-110001.
3. GOVERNMENT OF JAMMU & KASHMIR
THROUGH IT CHIEF SECRETARY
CIVIL SECRETARIAT, JAMMU
JAMMU & KASHMIR. ....RESPONDENTS
PETITION UNDER SECTION 406 OF Cr.P.C ON BEHALF OF PETITIONERS FOR TRANSFER OF THE CASE FIR NO. _____ TO ACTUAL COMPETENT COURT AT SRINAGAR, JAMMU & KASHMIR.
The Hon'ble Chief Justice Of India & His Companion Judges Of
The Supreme Court Of India At New Delhi.
The humble petition of the petitioner above named:
MOST RESPECTFULLY SHOWETH:
1. That the present Petition has been filed for the transfer of trial proceedings under Section 406 of Code of Criminal Procedure in FIR no: _________________ to the actual competent court having jurisdiction. The Petitioner is being wrongly tried in Hon'ble NIA Court, New Delhi for the offences allegedly having been committed within the territorial jurisdiction of Hon'ble NIA Court Srinagar, J&K as per the facts relieved in the supplementary charge-sheet no._____.
2. That the petitioner was arrested on ______________ pursuant to some intelligence information received. Petitioner was arrested from Hazratbal, Srinagar. It was alleged that during the time of arrest of the petitioner some ammunition was recovered from him. An FIR no. ____ under section ____ Arms Act and u/s 18, 20 ULA(P) Act was registered against Petitioner in the Police Station ____, Srinagar. Copy of the FIR no. ____ has been annexed as ANNEXURE P/1.
3. That after being arrested on ______ it was also alleged that the petitioner made certain disclosures that lead to recovery of further more ammunition and certain incriminating documents. Petitioner was lodged in the police custody of Police Station ________ for his alleged involvement in other case FIR No. _____ u/s 307, 324 RPC 3/5 E.S Act under Police remand. Copy of the FIR no. ____ has been annexed as Annexure P/2.
4. That while in custody a detention order no. ______ dated ______ under the provisions of Public Safety Act, 1978 was passed by the District Magistrate, Srinagar against the Petitioner. Curtailing the freedom of Petitioner and limiting his rights of bail. District Magistrate while quote FIR no. _____ and FIR no. ____ declared that:
“….It is clear that your activities are highly pre-judicial to the maintenance of security of the state. Under such compelling circumstances, it has become imperative to detain you under Public Safety Act, 1978 for which orders are being issued separately”.
Copy of the Detention order ______ dated ____ has been annexed as Annexure P/3.
5. That the petitioner after being chocked of fundamental rights was constrained to approached Hon'ble High Court of J&K challenging detention order no. ______ dated ____. The Petitioner questioned the detention order on following grounds:
i. That the detenu was not served the order of detention, so as to enable him to make an effective representation against detention order, which has prejudiced his right guaranteed under Article 22(5) of the Constitution.
ii. That the copy of grounds of detention has not been served upon the detenu in a language understood by him. It is further stated that the material relied upon by the respondents in passing the order of detention, has not been made available to the detenu, action on the part of respondents is said to be violative of Section 13(1) of the Act.
6. That the Hon'ble High Court of Jammu and Kashmir while considering the case of the Petitioner was pleased to quash the detention order and directed the release of the Petitioner, if not required in any other case. Copy of the order of Hon'ble High Court in ______ dated _____ has been annexed as ANNEXURE P/4.
7. That the petitioner while being in lodgment was successfully contesting the alleged offense registered against him in various Police Stations of Kashmir Valley and also continuing his law studies in the University of Kashmir by virtue of Hon'ble High Court's order mentioned aforesaid.
a. That the trial is be conducted outside territorial jurisdiction were the offence was allegedly committed.
b. That Prima Facie charge-sheet doesn't disclose any such event or incident that has happened within the Jurisdiction of Hon'ble NIA Court, New Delhi.
c. That all the witnesses mentioned in witness list of the supplementary are from the State of Jammu & Kashmir. That in the interest of the justice best course of action is to shift the trial to State of Jammu & Kashmir.
In the premises mentioned above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:
a. Transfer petitioners case FIR no. ___________ to the Hon'ble NIA Court in Srinagar, Jammu& Kashmir.
b. Pass such other and further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.
Advocate for the petitioner