Allowing a revision petition filed by government against the 2011 order by the trial court in Shopian, Justice Vinod Chatterji Koul directed examination of the witnesses on commission.

“In view of the well settled legal position laid down by the Supreme Court, I am of the view that the court below has dismissed the application of the prosecution for examining the witness on commission on the irrelevant consideration while overlooking the material and relevant aspects of the case.

“This revision petition is allowed and order dated 09.02.2011, passed by the court below is set aside and the application for issuance of commission for examination of witnesses moved by the prosecution/petitioner is allowed,” the order said.

The high court also held that the court below shall now take all the necessary measures for ensuring the examination of the witnesses concerned by issuing commission and/or recording their statement through video-conferencing and shall ensure expeditious proceedings so as to conclude the matter at the earliest.

In August this year, the high court had recalled its December 21, 2011 order by virtue of which it had upheld the February 9, 2011 order by the trial court in Shopian district.

The petition filed by the government in 2011 seeking fresh trial of the case or the transfer of the case to Jammu was dismissed by the high court.

On March 23, 2003, LeT terrorists had lined up 24 Kashmiri pandits in Nadimarg village and killed them in cold blood.

Terrorists had disarmed the police guards posted for the security of the 11 Pandit families comprising 54 members in the village.

Those killed included 11 men, 11 women and 2 children.

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