SYNOPSIS

That the present Petition has been filed for the transfer of trial

proceedings under Section 406 of Code of Criminal Procedure

in FIR no: ___________ to the actual competent court having

jurisdiction to try the case. The Petitioner is being wrongly

tried in Hon'ble NIA Court, New Delhi for the offences

allegedly having been committed within the territorial

jurisdiction of Hon'ble NIA Court Srinagar, J&K as per the

bare facts relieved in the supplementary charge-sheet

no.___________.

Petitioner has been languishing in jail from last six years, he

was initially arrested in the year 2009 and subsequently

slapped with a detention order no. _____, dated ____ under the

provisions of J&K Public Safety Act, 1978 on the basis of his

involvement in Case FIR no. ____ registered under section

7/25 Arms Act and u/s 18, 20 Unlawful Activities (P) Act. The

said detention order was declared to be unlawful and came to

be quashed by the Hon'ble High Court of J&K. Also, later on

the said case FIR no. ____ also came to be dismissed by the

trial court for lack of evidence.

 The above express provision of law mandates that the trial

going on before the Hon'ble NIA Court, New Delhi is

unlawfully, arbitrarily and without any authority of law. 

LIST OF DATES

__.02.__ Petitioner was arrested in Case FIR no. ___ and lodged in the

custody of P/S ____, Srinagar.

__.04.__ Office of the District Magistrate, Srinagar issued a detention

order No.DMS_____,dated ___ U/S 8 of the J&K Safety Act

1978.

01.1.__ Petitioner continued to be in unlawful judicial custody for

about five months. Only then a frivolous supplementary

charge-sheet came to be filed terming the Petitioner as

accused no. 11 in the main case of __________. Alleging the

Petitioner has committed offences in the State of J&K and for

those offences will be tried in Hon'ble NIA court in New Delhi.

xx.xx.20__ Hence this Transfer Petition.

 THE HON'BLE SUPREME COURT OF INDIA
(CRIMINAL TRANSFER JURISDICTION)
TRANSFER PETITION NO.

IN THE MATTER OF:

M A DA
S/O: A K
R/O: ____
PRESENTLY IN CENTRAL JAIL NO.1
TIHAR JAIL, NEW DELHI.                                         ....PETITIONER

VERSUS

1. UNION OF INDIA
THROUGH HOME SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI - 110001

2. NATIONAL INVESTIGATION AGENCY,

6TH & 7TH FLOOR, NDCC-II BUILDING,
JAI SINGH ROAD, NEW DELHI-110001.

3. GOVERNMENT OF JAMMU & KASHMIR

THROUGH IT CHIEF SECRETARY
CIVIL SECRETARIAT, JAMMU
JAMMU & KASHMIR.                                                ....RESPONDENTS

PETITION UNDER SECTION 406 OF Cr.P.C ON

BEHALF OF PETITIONERS FOR TRANSFER OF
THE CASE FIR NO _____ TO ACTUAL
COMPETENT COURT AT SRINAGAR, JAMMU &
KASHMIR

To,
The Hon'ble Chief Justice Of India & His Companion Judges Of
The Supreme Court Of India At New Delhi.
The humble petition of the petitioner above named:

MOST RESPECTFULLY SHOWETH:

1. That the present Petition has been filed for the transfer of trial

proceedings under Section 406 of Code of Criminal Procedure in FIR

no: _________________ to the actual competent court having

jurisdiction. The Petitioner is being wrongly tried in Hon'ble NIA

Court, New Delhi for the offences allegedly having been committed

within the territorial jurisdiction of Hon'ble NIA Court Srinagar, J&K

as per the facts relieved in the supplementary charge-sheet no._____.

BRIEF FACTS:

2. That the petitioner was arrested on ______________ pursuant to some

intelligence information received. Petitioner was arrested from

Hazratbal, Srinagar. It was alleged that during the time of arrest of the

petitioner some ammunition was recovered from him. An FIR no. ____

under section ____ Arms Act and u/s 18, 20 ULA(P) Act was registered

against Petitioner in the Police Station ____, Srinagar. Copy of the FIR

no. ____ has been annexed as ANNEXURE P/1.

3. That after being arrested on ______ it was also alleged that the

petitioner made certain disclosures that lead to recovery of further

more ammunition and certain incriminating documents. Petitioner

was lodged in the police custody of Police Station ________ for his

alleged involvement in other case FIR No. _____ u/s 307, 324 RPC 3/5

E.S Act under Police remand. Copy of the FIR no. ____ has been

annexed as Annexure P/2.

4. That while in custody a detention order no. ______ dated ______ under

the provisions of Public Safety Act, 1978 was passed by the District

Magistrate, Srinagar against the Petitioner. Curtailing the freedom of

Petitioner and limiting his rights of bail. District Magistrate while

quote FIR no. _____ and FIR no. ____ declared that:

It is clear that your activities are highly pre-judicial to the

maintenance of security of the state. Under such compelling

circumstances, it has become imperative to detain you under Public

Safety Act, 1978 for which orders are being issued separately.

Copy of the Detention order ______ dated ____ has been annexed as

Annexure P/3.
5. That the petitioner after being chocked of fundamental rights was

constrained to approached Hon'ble High Court of J&K challenging

detention order no. ______ dated ____. The Petitioner questioned the

detention order on following grounds:

i. That the detenu was not served the order of detention, so as

to enable him to make an effective representation against

detention order, which has prejudiced his right guaranteed

under Article 22(5) of the Constitution.

ii. That the copy of grounds of detention has not been served

upon the detenu in a language understood by him. It is

further stated that the material relied upon by the

respondents in passing the order of detention, has not been

made available to the detenu, action on the part of

respondents is said to be violative of Section 13(1) of the Act.

6. That the Hon'ble High Court of Jammu and Kashmir while

considering the case of the Petitioner was pleased to quash the

detention order and directed the release of the Petitioner, if not

required in any other case. Copy of the order of Hon'ble High Court in

______ dated _____ has been annexed as ANNEXURE P/4.

7. That the petitioner while being in lodgment was successfully

contesting the alleged offense registered against him in various Police

Stations of Kashmir Valley and also continuing his law studies in the

University of Kashmir by virtue of Hon'ble High Court's order

mentioned aforesaid.

GROUNDS:

a. That the trial is be conducted outside territorial jurisdiction

were the offence was allegedly committed.

b. That Prima Facie charge-sheet doesn't disclose any such

event or incident that has happened within the Jurisdiction of

Hon'ble NIA Court, New Delhi.

c. That all the witnesses mentioned in witness list of the

supplementary are from the State of Jammu & Kashmir. That

in the interest of the justice best course of action is to shift

the trial to State of Jammu & Kashmir.

PRAYER:
In the premises mentioned above, it is most respectfully prayed that this

Hon'ble Court may be pleased to:

a. Transfer petitioners case FIR no. ___________ to the Hon'ble

NIA Court in Srinagar, Jammu& Kashmir.

b. Pass such other and further orders as this Hon'ble Court may

deem just and proper in the facts and circumstances of the

case.

Advocate for the petitioner

Drawn By:

Drawn on:

Filed on: