Kashmir Impulse Desk

Srinagar, July 8

The High Court of Jammu and Kashmir and Ladakh has dismissed a petition seeking the transfer of a cheque dishonour case from Srinagar to Jammu, ruling that the security situation in Kashmir has undergone a “drastic transformation” since the militancy-hit 1990s and does not justify such a request.

Justice Sanjay Dhar rejected the petition filed by Sonaullah Dar, who had sought the transfer of proceedings in a complaint under Section 138 of the Negotiable Instruments Act, claiming he faced threats to his life if required to attend court in Srinagar.

The petitioner said he had migrated to Jammu with his family during the early years of the insurgency because of his political affiliation with the Congress party and alleged that he had also been assaulted by the complainant in the case.

The court, however, held that the material placed on record did not support his apprehensions and observed that the security environment in the Kashmir Valley had changed substantially over the past three decades.

In its order, the court noted that militancy in Kashmir had become “almost negligible” and that political workers who had earlier left the Valley had since returned and participated in successive electoral processes.

The court also found that the petitioner had failed to provide specific evidence to substantiate his allegations of threats or harassment by the trial court or its staff.

It further observed that records from the trial court contradicted the petitioner’s claim that he was permanently residing in Jammu, with material indicating that he had returned to his native place in Kashmir.

Justice Dhar noted that the petitioner had earlier pleaded guilty when his statement was recorded before the trial court, following which he had been directed to pay the amount covered by the dishonoured cheque.

The High Court concluded that the transfer application appeared to have been filed primarily to delay the proceedings and avoid payment of the cheque amount, rather than because of any genuine security concern.

Accordingly, the court dismissed the petition and directed that the trial continue before the competent court in Srinagar.