Jammu Kashmir Liberation Front (JKLF) Chairman Yasin Malik. (Express File Photo)Two petitions filed by Jammu and Kashmir Liberation Front chief Yasin Malik, seeking transfer of trial into the abduction of late Mufti Sayeed's daughter Rubiya Sayeed and killing of five Indian Air Force personnel from TADA Court in Jammu to Srinagar, were dismissed by Jammu and Kashmir High Court here on Friday as the very object of TADA Act will get completely defeated if it entertained any petition against the order passed by designated court under TADA.
The petitions were filed by JKLF chief seeking transfer of trial in both the cases from TADA Court in Jammu to additional designated court under TADA at Srinagar. Earlier, he had sought transfer of trial in Rubiya Sayeed's abduction case to Srinagar which, TADA court at Jammu had rejected after hearing both the sides in April 2009. Against trial court's order, Yaseen Malik approached Srinagar wing of the State High Court who stayed trial proceedings the same month.
Dismissing both the petitions, Justice Sanjay Gupta Friday observed that petition under Article 226 of the Indian Constitution read with Section 103 of the State Constitution against any order of the TADA Court is not required to be entertained by the high court. While it cannot be disputed that this court has jurisdiction under Article 226 to protect fundamental or legal rights, but this court may not interfere when there is an alternative and…
