Jammu and Kashmir HC dismisses suspended DSP Davinder Singh’s case transfer plea

The Jammu and Kashmir High Court has dismissed a plea by the suspended deputy superintendent of police (DSP), Davinder Singh, seeking transfer of his case from a special court in Jammu to Srinagar.

Singh, then serving DSP, was arrested in January 2020 while accompanying two Hizbul Mujahideen militants in a vehicle bound for Delhi. The police recovered AK-47s and other arms from the car they were travelling in. The case was later handed over to the National Investigation Agency (NIA).

The NIA has submitted a charge-sheet against the suspended DSP and another accused for commission of offences under the Unlawful Activities (Prevention) Act, 1967 and various sections of the Indian Penal Code (IPC) before the Court of Special Judge, Jammu.

A bench of Justice Sanjay Dhar while dismissing the plea held that a case pertaining to the scheduled offence investigated by the NIA could be tried only by a Special Court that has been constituted by the government of India under Section 11 of the NIA Act.

“The transfer of such a case can be made only to any other Special Court constituted by the government under Section 11 of the act and not to any other Special Court constituted under any other provision of the act,” the court said.

According to the NIA charge-sheet, Singh, who was posted in the sensitive anti-hijacking unit of J&K police, had been in constant touch with his handlers in the Pakistan High Commission who were later repatriated to Islamabad.

The charge sheet, filed last July, has accused Singh and others of allegedly waging “war against India” with the help of Pakistan-based terrorists and members of the country’s high commission in Delhi.

The suspended DSP had become infamous after he joined the special operations group (SOG) of J&K police in mid 1990s and his name was embroiled in several controversies-from making money by selling contraband and allegations of extortion.