SC rejects Gulzar’s plea for transfer of case outside JK

Supreme Court of India has rejected the plea of fake faith healer Gulzar Ahmad Bhat (Peer) for transfer of his case from J&K high court to any other state.

A division bench of Justice Ibrahim Kalifulla and Justice Amitabh Roy rejected the plea of the fake healer. However, the apex court asked the Chief Justice of J&K High Court to transfer the case to Jammu chapter of the court.

Bhat, through his counsel, pleaded that there is threat to his lawyer in Kashmir and that lawyers in Kashmir refuse to plead his case. He also complained about hostile environment against him in the valley and pleaded for transfer of the case to any other court outside the state of J&K.

Advocate General Jehangir Iqbal rejected the arguments of the petitioner saying that there is no threat to him.

After hearing both parties, the court rejected the plea of the fake faith healer. As the petitioner stated that he may get a lawyer in Jammu, the court asked Chief Justice of J&K High Court to transfer the case to Jammu chapter of the court before the same bench or any other bench available as per the rooster.

Peer was arrested in central Kashmir’s Budgam district in May 2013 after four minor girls accused him of repeatedly sexually exploiting them during their stay at a seminary run by the fake faith healer. An FIR vide number 40/2013 under Section 376 RPC had been registered against the accused in police station Khansahab.

Earlier this year, Principal and District Sessions Judge, Budgam acquitted Peer of all charges after it observed that the prosecution has miserably failed to prove the guilt of the accused.

However, later the bench of Justice Muzaffar Hussain Attar and Justice Hasanain Masoodi stayed the acquittal of Peer after J&K Police approached high court against the judgment saying that the impugned judgment of acquittal has been passed in hasty manner and without application of judicial mind to the facts and circumstances of the case including the nature of offence but the court below without appreciating the material on record acquitted the accused respondents.

The acquittal of the fake healer had led to hue and cry in the valley following which police re-arrested Gulzar after two days of his release and Sub-Divisional Magistrate (SDM) sent him in judicial custody.