Jagmohan Singh vs State of J. and K. and Others

M.M. Kumar, C.J.—The State of Jammu and Kashmir and its officers have filed this petition with a prayer for transferring SWP no.

2336/2010 pending in the Jammu Wing of this Court to the Srinagar Wing. It is conceded as a fact that before filing the aforesaid writ petition

permission from Hon'ble the Chief Justice was obtained and presumably taking into account numerous factors permission at that time was

accorded to file the writ petition in Jammu Wing of this Court. The only ground urged for transfer of the petition by the learned counsel for the

applicants is that the law and order situation has now improved and, therefore, the proceedings should be transferred to the Srinagar Wing of the

High Court.

Having heard the learned counsel for the applicants I am of the considered view that proceedings cannot be transferred by keeping in view the

change in law and order situation. Once the writ petition has been filed in the Jammu Wing of this Court after due permission from Hon'ble the

Chief Justice in the year 2010, it cannot be transferred to the Srinagar Wing merely because the law and order situation has improved. It is thus not

a good ground to be accepted. Accordingly, I find that the application is devoid of merit and is liable to be dismissed. As a sequel to the above

discussion the application fails and the same is accordingly dismissed.