Srinagar: The Jammu and Kashmir & Ladakh High Court has ordered the reopening of a case concerning Nadimarg massacre in which 24 Kashmiri Pandits were brutally murdered by Lashkar-e-Taiba terrorists in 2003. An application was filed by the prosecution seeking recall of an earlier order whereby the criminal revision petition was dismissed. The massacre of 24 Kashmiri Pandits was carried out by terrorists at Nadimarg village in Shopian district in 2003. While hearing the case, Justice Sanjay Dhar noted that recall of the order dated 21 December, 2011 of this court by which the criminal revision petition against a sessions judge order was dismissed will stand as it is within its jurisdiction to recall orders that are a nullity in the eyes of law as the High Court had passed an order without giving any reasons, Law Beat reported. The report further stated that Justice Dhar has mentioned in his order that “it seems that during the pendency of the trial, prosecution moved an application before the trial court seeking permission to examine material prosecution witnesses on commission, as according to the prosecution, these witnesses had migrated out of Kashmir Valley and they were reluctant to depose before the trial court at Shopian in view of the threat perception”, however, the application was dismissed by the sessions judge on 9 February, 2011. Earlier, an FIR was registered in Zainapora in connection with the massacre and investigations were taken up. Back then, challan was filed against seven accused persons, initially before the Court of Principal Sessions Judge, Pulwama, which was later transferred to the Court of Principal Sessions Judge, Shopian, upon the creation of the said court, according to reports. “this Court does have jurisdiction to recall an order which is a nullity in the eyes of law… As already noted, the criminal revision petition against the impugned order passed by the learned Sessions Judge, Shopian, has been dismissed by this Court without hearing the petitioner and without giving reasons for its dismissal,” Justice Sanjay Dhar stated. (With inputs from agencies) Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.
An application was filed by the prosecution seeking recall of an earlier order whereby the criminal revision petition was dismissed. The massacre of 24 Kashmiri Pandits was carried out by terrorists at Nadimarg village in Shopian district in 2003
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