Court issues fresh production warrants of Yaseen Malik

23/08/2019

JAMMU, Aug 22: In a much publicized case of Dr. Rubiya Syed Case and killing of Air Force personals, Presiding Officer Subash C Gupta TADA Court today issued fresh production Warrants of JKLF Yaseen Malik, directed I/C Tihar Jail to produce him on next date of hearing and adjourned the case for September 11, 2019 for arguments on charge/discharge.
While issuing fresh production warrants, Court observed that , earlier issued for production of the accused- Yaseen Malik is received back with a endorsement of one Kishore Kumar, PC, CBI, ACB Jammu that it has been handed over to the DAK Section of Tihar Jail , New Delhi. This exercise appears to have been made by the Process-Server, CBI on 17.8.2019. Non production of the accused may be due to paucity of the time. Accordingly office is directed to issue fresh production warrants and hand over the same to the PP,CBI for its execution. He is advised that CBI shall hand over the same to the superintendent, Tihar Jail, New Delhi, well in time, so that he gets sufficient time for arranging the production of the accused -Yaseen Malik before this court. Other accused who are causing appearance, earlier, are exempted from personal appearance for today's date, on the ground referred by their counsels in the exemption application filed on their behalf.
According to case that FIR bearing No. RC 07 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of SHO Police Station Saddar, Srinagar who earlier had lodged an FIR of case under 339 dated 08.12.1989 had lodged an FIR of case under 339 dated 08.12.1989 under section 364, 368 of RPC, Section 3(1) Terrorist and Descriptive Activities (Prevention) Act and 25 Indian Arms Act in Police Station Saddar against unknown accused persons. In the FIR it was mentioned that Dr. (Miss) Rubiya Syed D/o Shri Mufti Mohammad Syed R/o Nowgam District Budgam while going in a Tata Mini Bus bearing registration No. JKF 697 from Lala-Ded Hospital Srinagar to her house at Nowgam was kidnapped and taken to some unknown place by some unknown terrorists travelling in the same mini bus who threatened to kill her in case their illegal demands were not met with and also created terror amongst all the passengers by showing Gun and Pistols to them including Dr. Rubiya Syed and on 18.09.1990 the charge sheet in this case was filed by CBI on 18.09.1990 under section 120-B read with section 364, 368, 109 and 34 of RPC, Section 3(1) TADA and Section 27 of Arms Act in the court of 3rd Additional Session Judge (TADA cases Jammu) against the accused Persons i.e. Petitioners. 25.10.2008: That during the Course of trial a Petition dated 25.10.2008 in terms of SRO 168 dated 01.05.1990 read with SRO 70 dated 05.02.1991 for transfer of the afore stated criminal case to the designated Court of TADA at Srinagar. Objections to the said Application were filed by the CBI and after hearing both the parties the Application was rejected vide order dated 20.04.2009 against the said order of Trial Court the Petitioners approached the High Court of Jammu and Kashmir at Srinagar by way of OWP No. 432 of 2009 dated 30.04.2009 and the High Court has been pleased to stay the proceedings of the Trial Court.
In the killing of five Air Force personnal an FIR bearing No. RC 01 (S)/ 1990/SIU.V/SC-II) was registered on the basis of complaint of Mohammad Din, Head Constable No. 364/S, Police Post Rawal Pora, Police Station -Saddar Srinagar who has lodged an FIR of case No. 22 dated 25.01.1990 under sections 302/307 of RPC, 3(1) Terrorist and Descriptive Activities (Prevention) Act of 1987 and 3/25 Indian Arms Act in Police Station Saddar against the unknown accused persons. In the FIR it was alleged that in the morning of 25.01.1990 at about 7:30 A.M when the Air Force employees who were living as tenants in the private house at Rawal Pora had gathered and were waiting on the road at Sanat Nagar crossing for Air Force Vehicles to go to their Offices, some unknown terrorists fired with automatic weapons indiscriminately upon them with the criminal intention of killing them as a result of such firing about 40 Air Force employees including a Lady were seriously injured while 2 of them died on the spot. JNF

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