Jammu Kashmir High Court Directs Kulgam Sessions Judge To Proceed in 2016 Yaripora Case | Kashmir Life

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has clarified the issue of trial jurisdiction in a 2016 Yaripora case, directing the Principal Sessions Judge, Kulgam, to proceed with the matter in accordance with law.

The reference was made by the Principal Sessions Judge, Kulgam, seeking guidance after procedural disagreements arose between the Sessions Court and the Special Court designated under the National Investigation Agency (NIA).

The case stems from FIR No 96/2016 registered at Police Station Yaripora, involving multiple offences under various provisions of the Ranbir Penal Code, the Arms Act, Public Safety Act, Prevention of Public Damage Act, and the Unlawful Activities (Prevention) Act (UAPA).

According to the record, after investigation, offences under UAPA were established against four accused, while 11 others were charged with offences excluding UAPA provisions. The four accused facing UAPA charges died during the course of investigation, leading to abatement of proceedings against them.

Separate charge sheets were subsequently filed—one before the Special Court (NIA) concerning the deceased accused, and another before the Principal Sessions Judge, Kulgam, against the surviving accused.

The Special Court, in December 2024, recorded that proceedings against the deceased accused stood abated. However, the Sessions Court later transferred the case to the Special Court, citing the need for a joint trial under provisions of the Criminal Procedure Code. This led to a back-and-forth transfer of the case file between the two courts over jurisdictional interpretation.

In its order, Justice Sanjay Dhar observed that since no UAPA offences were made out against the surviving accused, the Special Court lacked jurisdiction to try the case. The court held that under Section 20 of the NIA Act, a Special Court is required to transfer such cases to a regular criminal court if no scheduled offence remains.

The High Court noted that the Special Judge (NIA), Kulgam, had correctly exercised this power by transferring the case to the Sessions Court. It further observed that the Principal Sessions Judge had misinterpreted the legal position, resulting in delays and repeated transfers of the case.

The court emphasized that the trial is now confined to offences other than those under UAPA and directed the Principal Sessions Judge, Kulgam, to proceed with the case in accordance with the clarified legal framework.

The order was pronounced on April 20, 2026.