Srinagar: The Chief Justice J&K High Court on Wednesday heard the arguments in the case filed by Ghulam Nabi Shaida, Editor of local Urdu daily “Wadi Ki Awaz” against Chandan Mitra, Editor of New Delhi-based daily “The Pioneer” and another case seeking transfer of the petition filed by Mitra against Shaida before the High Court at Jammu.
On the last date of hearing, the counsel appearing for Mitra, Javaid Kawoosa had challenged the jurisdiction of the Chief Justice in entertaining and hearing the application filed by Shaida.
However after hearing arguments in the case today, the Chief Justice ruled that he has jurisdiction to decide the application of Shaida. The Chief Justice asked the lawyers to assist him in the matter further and show, with reference to law as to whether the transfer application filed by Mitra and another before the Jammu wing of the High Court was a “case” and the Chief Justice was therefore competent to assign the case to any judge of the High Court at Srinagar.
The matter is likely to come up for the hearing next week.
It is pertinent to mention here that Shaida had filed a complaint against Mitra and Anil Bhat for publishing a defamatory article in “The Pioneer” on 22-05-2005. Mitra and columnist Bhat, who claims that he was a defence spokesman and has also worked against the militants in Kashmir are seeking the transfer of the complaint from Srinagar to Jammu on that ground.
On behalf of the Wadi Ki Awaz, Mian Abdul Qayoom, president of the High Court Bar Association is pleading the case.
