STATE TIMES NEWS
JAMMU: A Division Bench of Jammu and Kashmir High Court comprising Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal on Thursday directed the Trial Court to strictly follow provisions of Section 17 of the NIA Act and Section 44 of the Unlawful Activities (Prevention) Act in case regarding Udhampur Terror Attack on BSF Convoy on 5th August, 2015.
The Court was hearing Advocate Rahul Bharti with Advocate Satinder Gupta who filed revision petition against the order of Trial Court in Udhampur Terror Attack in which National Investigating Agency (NIA) produced Challan in the Court of Special Judge, NIA against Mohammad Naveed alias Usman, son of Mohammad Yaqoob and others.
The appeal is filed against the order dated 9th December, 2016 in which the Trial Court had opined that the statements of protected witnesses are to be recorded in absence of the accused but in presence of the respective Counsels.
Further, the Trial Court had observed that as far as the other witnesses are concerned, their statements can be recorded in presence of the accused.
The Division Bench, after hearing both the sides, observed that Special Court, if so desires, for reasons to be recorded in writing may hold the proceedings in-camera.
The Court directed Public Prosecutor as well as Counsel for the accused to appear before the Trial Court on 27th February, 2017 so as to enable the Special Judge to fix the schedule for production and examination of the witnesses.
