The High Court of J&K and Ladakh has recalled an order it issued in 2011 upholding the trial court’s denial of the prosecution’s request to question witnesses about the “Commission” in relation to the 2003 murder of 24 members of a minority community at Nadimarg in south Kashmir’s Shopian.
The prosecution’s argument was predicated on the claim that the witnesses had left the Kashmir Valley and were hesitant to testify in front of the trial court in Shopian because they felt threatened.
The prosecution then filed a plea with the top court this year in an effort to get the 2011 order recalled.
The bench of Justice Sanjay Dhar accepted the prosecution’s argument and recalled the order after hearing from the parties. On September 15, a new hearing has been scheduled for the revision plea.
The criminal revision petition was dismissed by the High Court on December 21, 2011, without the prosecution being heard and without a cause being given, the court stated.
Therefore, since it is against established legal precedent that a criminal revision petition cannot be dismissed for non-prosecution, the same can be recalled by this Court by recognising the said order as null.
In connection with FIR No. 24/2003, the police have initially brought a challan against seven accused individuals before the Court of Principal Sessions Judge Pulwamain for violations of Sections 302, 450, 395, 307, 120-B, 326, and 427 RPC, Section 7/27 of the Arms Act, and Section 30 of the Police Act. After the Court of Principal Sessions Judge, Shopian, was established, it was eventually transferred to the Court.