The court ruled that charge-sheets related to CBI investigations must be transferred to the designated court for proper jurisdiction and trial.

Headnote:(A) Jammu and Kashmir Criminal Law Amendment Act, 1958 - Transfer of charge-sheet - The CBI sought transfer of charge-sheet from Special Judge, Anti-Corruption, Baramulla to Special Judge (CBI), Srinagar, citing further investigation requirements - The court ruled that the charge-sheet must be transferred as the designated court for CBI cases is in Srinagar. (Paras 1, 16)

(B) Jurisdiction - The court emphasized that one court cannot transfer a case to another court of coordinate jurisdiction without specific directions from a higher authority. (Paras 12, 16)

Facts of the case:
The CBI applied for the transfer of a charge-sheet pending in Baramulla to Srinagar, arguing that further investigation necessitated the transfer. The Special Judge, Anti-Corruption, Baramulla denied the request, stating no such direction existed from the High Court. (Paras 1, 12)

Findings of Court:
The court found that the charge-sheet should be transferred to the Special Judge (CBI), Srinagar, as it is the designated court for CBI investigations. (Paras 16)

Issues: The main issues included whether the charge-sheet could be transferred to a designated court and the implications of ongoing review proceedings regarding the original judgment. (Paras 4, 16)

Ratio Decidendi: The court held that the establishment of a designated court for CBI cases necessitates the transfer of the charge-sheet to ensure proper jurisdiction and trial. (Paras 12, 16)

Result: The application for transfer of the charge-sheet was allowed.

JUDGMENT

1. The applicant-Central Bureau of Investigation(CBI) has preferred this application for transfer of charge-sheet, titled, “VOK vs Mehboob Iqbal and others” pending before the court of learned Special Judge, Anti- Corruption, Baramulla to the court of learned Special Judge (CBI), Srinagar, on the ground that pursuant to the directions issued by the Hon’ble High Court of J&K vide its order dated 09.10.2020 in PIL No.19/2011, titled, as “Prof. S. K. Bhalla vs State of J&K and others”, the applicant had approached the court of learned Special Judge Anti- Corruption, Baramulla for proving original documents to the applicant for conducting further and thorough investigation and for transfer of the charge-sheet to the court of Special Judge (CBI), Srinagar. Both the applications of the applicant were dismissed by the court of Special Judge, Anti-Corruption, Baramulla vide order dated 25.05.2021 with the observation that the court cannot transfer the charge-sheet to the court of coordinate jurisdiction and further no such direction for transfer of the charge-sheet to the court of Special Judge (CBI) Srinagar, has been issued by the Hon’ble High Court vide order dated 09.10.2020.

2. It is stated in the application that the supplementary charge-sheet, if any, is required to be filed before the designated court i.e. Special Judge (CBI) Srinagar as the matter has been further investigated by the applicant. It is further pleaded that supplementary charge-sheet is always filed before the court where the main charge-sheet is pending, therefore, the main charge sheet is required to be transferred to the designated court i.e. Special Judge (CBI) Srinagar.

3. Anti-Corruption Bureau has filed the response stating therein that the application may be decided on its own merits, as the applicant has raised important question of law.

4. The respondent Nos. 2 and 3 have filed the objections. In their objections, it is stated that the judgment dated 09.10.2020 passed in PIL No. 19/2011 is itself under review before the Division Bench of this Court (Jammu Wing) and as such, the present petition seeking transfer of the case may either be dismissed or kept pending subject to outcome of the review petition. Further, the judgment dated 09.10.2020 does not in certain terms, declare both the Act as well as the consequent proceedings under it to be void abinitio. It is further stated that the matter is pending before the court of Special Judge, Anti-Corruption, Baramulla for arguments on charge/discharge and no ground exists for transferring the charge-sheet from Special Judge, Anti-Corruption, Baramulla to a designated court i.e. Special Judge (CBI) Srinagar. Respondent No. 3 has also filed the response on identical grounds.

5. Mr. T. M. Shamsi, learned DSGI has vehemently argued that pursuant to the directions of the Division Bench of this Court in PIL No. 19/2011 dated 09.10.2020, the matter was further investigated by the applicant and after completion of the further investigation, the supplementary charge- sheet is to be filed, and as the further investigation has been conducted by the CBI, therefore, the cognizance of the supplementary charge sheet can be taken only by the designated court and not by the learned court of Special Judge Anti-Corruption Baramulla, as such the charge-sheet pending before the court of Special Judge, Anti-Corruption, Baramulla is required to be transferred to Special Judge (CBI) Srinagar.

6. Mr. Z. A. Shah, learned senior counsel for the private respondents has vehemently argued that there is no specific direction by the Division Bench to transfer the charge-sheet to the designated court and as such, the charge-sheet pending before the court of Special Judge Anti-Corruption Baramulla cannot be transferred to the Special Judge (CBI) Srinagar. He has further argued that the applicant can file supplementary charge-sheet before the Special Judge, Anti-Corruption, Baramulla. He has placed reliance upon the judgment of the Supre