Union Territory of Jammu and Kashmir vs Shahid Shafi Mir S/o Mohammad Shafi Mir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 30

RAJNESH OSWAL
Union Territory of Jammu and Kashmir – Appellant
Versus
Shahid Shafi Mir S/o Mohammad Shafi Mir – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mohsin Qadri, Mudassir Zubair.
For the Respondents: Anil Raina, Suhail Ahmed Dar.

JUDGMENT :

RAJNESH OSWAL, J.

1. “Witnesses are eyes and ears of justice”

-----Bentham

“A witness is a man whose life and faith are so completely one that when the challenge comes to step out and testify for his faith, he does so, disregarding all risks, accepting all consequences”

-----Whittaker Chambers

2. The Hon’ble Supreme Court of India has quoted Bentham and Whittaker Chambers in case titled, Mahender Chawla vs. Union of India, (2019) 14 SCC 615, while emphasizing the necessity for ensuring the protection of the witnesses, as good number of cases fail in the courts only because the witnesses for one reason or the other turn hostile. Any misadventure, which is aimed at distorting the vision and impairing the ears of justice, is required to be thwarted.

3. The Union Territory of Jammu and Kashmir filed the present application seeking transfer of the challan No. 5 titled, State vs. Shahid Shafi Mir and Others Arising Out of FIR No. 62/2020 of P/S Lal Bazar, pending before the court of Special Judge Designated under NIA Act, Srinagar (hereinafter to be referred as ‘the trial court’) to any other court of competent jurisdiction in District Jammu.

4. It is stated that FIR bearing No. 62/20

Click Here to Read the rest of this document