A criminal case against Ramson Remedies will now be heard in Jammu after the Punjab-based pharmaceutical company cited “militancy, law and order situation, heavy snowfall” among the reasons it cannot attend court proceedings in Kashmir.
“The instant application is allowed and the case is transferred from the Court of Special Mobile Magistrate (SubJudge), Pulwama to CJM, Jammu, who may try the complaint himself or may transfer it to any other court of competent jurisdiction,” a bench of Justice Sanjay Kumar Gupta said while disposing of the application by the company before the J&K High Court.
In the application, the company had submitted that due to “law and order problem and curfew prevailing in Kashmir province,” it was not possible for the petitioners who are non J&K residents, to visit Kashmir province for causing appearance on each and every date of hearing. “The petitioners on account of prevailing situation cannot attend the proceedings before the Court below under atmosphere of fear and threat”.
The company members said that the case pertains to Drugs and Cosmetics Act, and being a technical subject requires expertise to conduct a trial. “None of the counsel from Jammu is agreeing to visit the Court in Pulwama. Because of this reason also, the trial of the petitioner is seriously prejudiced. The applicant being constitutionally granted of having fair trial, the same will be diluted, if the case is not transferred.”
The petitioners said that the District Pulwama of Kashmir is “highly infested with the militancy and there is no proper arrangement for stay in Pulwama.”
They also submitted that during the winter season, the roads connecting the Kashmir province and especially Pulwama remain closed due to heavy snowfall. “It is further submitted that the town remains shut most of the time because of some incidents related to militancy. It is also submitted that the petitioner had been causing his appearance regularly since 2013, but during the last one year, he could not appear in Court because of law and order problem or heavy snowfall.”