Jammu & Kashmir High Court
Sudesh Kumari vs State Of J&K And Others on 23 September, 2021
Sr. No. 36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 1933/2014
IA No. 2573/2014
IA No. 2511/2014
c/w
OWP No. 998/2004
IA No. 220/2015
IA No. 1084/2004
IA No. 1291/2006
IA No. 1/2015
IA No. 2352/2013
IA No. 465/2006
Sudesh Kumari .....Appellant/Petitioner(s)
Through :- Ms. Meenakshi Salathia, Advocate
v/s
State of J&K and others .....Respondent(s)
Through :- Mr. Vishal Sharma, ASGI in
OWP No. 998/2004
Mr. Sanchit Verma, Advocate in
OWP No. 1933/2014
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
OWP No. 1933/2014
1. The present petition has been filed by the petitioner in which
following reliefs are sought by the petitioner:-
(i) Issue any order, writ or direction for release of Sh. Joginder Pal
under trial prisoner lodged in Central Jail Kot Bhalwal on
interim bail for his medical treatment and follow up.
(ii) Command the respondents to pay a compensation up to the tune
of Rs. 5 lacs in the name of the brother of the petitioner Sh.
Joginder Pal for the atrocities done by them to him.
(iii) Direct the respondent No. 3 and 5 to conduct an enquiry into the
incident which took place on 16th November, 2014 in which
many others including Sh. Joginder Pal were beaten with
Lathies and Dandas by the CRPF Personnels and initiate action
against them in accordance with law.
OWP No. 998/2004
2. Relief (i) was deleted pursuant to statement made by the
petitioner. So far as, relief (ii) with regard to payment of compensation of Rs. 5
lacs is concerned, the grounds on which the same is being sought are the
disputed question of facts, those cannot be adjudicated under Article 226 of the
Constitution of India. So far as, relief (iii) for directing the respondent Nos. 3
and 5 for enquiry is concerned, FIR stands already registered and no further
direction is required in this regard.
3. There is no merit in the present petition, as such, the same is
dismissed along with connected applications.
OWP No. 998/2004
1. The present petition has been filed by the petitioner for quashing
the Charge Sheet dated 25.12.2003 framed by the respondent No. 4 where
under the petitioner has been charged for committing a civil offence. Further
prayer has been made for quashing the Summary General Court Martial
(SGCM) proceedings conducted by the respondent Nos. 4 to 6 and the
subsequent judgment.
2. Mr. Vishal Sharma, ASGI submits that the matter is required to be
considered by Armed Forces Tribunal, Circuit Bench at Jammu.
3. Ms. Meenakshi Salathia, Advocate submits that Act has no
retrospective operation, as such, the matter could not be transferred.
4. Section 14 (i) of the Armed Forces Tribunal Act, 2007 reads as
under:-
Save as otherwise expressly provided in this Act, the Tribunal shall
exercise, on and from the appointed day, all the jurisdiction, powers
and authority, exercisable immediately before that day by all courts
(except the Supreme Court or a High Court exercising jurisdiction
under article 226 and 227 of the Constitution) in relation to all
service matters.
OWP No. 998/2004
5. Thus, from the perusal of the Act supra reveals that the service
matters under the Act are required to be dealt by the Tribunal.
6. There is equally efficacious remedy available to the petitioner with
the constitution of the Armed Forces Tribunal under the Act. So, this Court
deems it proper to transfer the present petition along with record to the Armed
Forces Tribunal, Circuit Bench, at Jammu. Ordered accordingly.
7. The present petition is, accordingly, disposed of.
(RAJNESH OSWAL)
JUDGE
JAMMU
23.09.2021
Neha
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
