Srinagar, Nov 25: The Jammu and Kashmir High Court has transferred a criminal complaint against a pharmaceutical company, M/S Ramson Remedies, to Jammu from Pulwama after later cited militancy in the south Kashmir district as one of the reasons for the relief sought by it.
“The instant application is allowed and the case is transferred from the Court of Special Mobile Magistrate (SubJudge), Pulwama to CJM, Jammu, who may try the complaint himself or may transfer it to any other court of competent jurisdiction,” a bench of Justice Sanjay Kumar Gupta according to GNS said while disposing of the application by the company.
In the application, the company had submitted that due to “law and order problem and curfew prevailing in Kashmir province,” it was not possible for members of the company, who are the residents of outside of J&K, to visit Kashmir province for causing appearance on each and every date of hearing. “The petitioners on account of prevailing situation cannot attend the proceedings before the Court below under atmosphere of fear and threat”.
The company members said that the case pertains to Drugs and Cosmetics Act, and it being a technical subject and requires expertise to conduct a trial. “None of the counsel from Jammu is agreeing to visit the Court in Pulwama. Because of this reason also, the trial of the petitioner is seriously prejudiced. The applicant being constitutionally granted of having fair trial, the same will be diluted, if the case is not transferred.”
The petitioners said that the District Pulwama of Kashmir Province is “highly infested with the militancy and there is no proper arrangement for stay in Pulwama.”
They also submitted that during the winter season, the roads connecting the Kashmir province and especially Pulwama remains closed due to heavy snowfall. “It is further submitted that the town remains shut most of the time because of some incidents related to militancy. It is also submitted that the petitioner had been causing his appearance regularly since 2013, but during the last one year, he could not appear in Court because of law and order problem or heavy snow fall.” (GNS)