JUDGMENT :

1) The petitioners, who are facing trial in FIR No.51/2013 under Sections 302/307/120-B, 419, 467, 468, 447-A, 326, 323 RPC, Section 14 of Forest Act, Sections 7/25, 7/27 Arms Act, Sections 3, 4 and 5 of Explosive Act and Sections 16, 17, 19, 20 and 40 of Unlawful Activities Prevention Act before Special Judge Designated under National Investigation Agency Act, Srinagar [“the Special Court”] are before this Court by way of instant petition filed under Section 561-A of the Code of Criminal Procedure (“the Code”) seeking a direction to the respondents not to transfer them from Kupwara sub-jail to any other jail outside the Kashmir valley and adhere to the order of the trial Court dated 03.05.2019 in letter and spirit.

2) It is submitted that a challan in FIR No.51/2013 against the petitioners along with eight others was presented before the Special Judge on 31.03.2013 and more than eight years have elapsed but the trial is still proceeding at a snail’s pace. The major reason for the delayed trial attributed by the petitioners is the transfer of the petitioners outside Kashmir valley and failure of the prosecution/State to produce them in the Court on each and every date of h