HC allows virtual hearing for migrant litigants amid security concerns

Jammu : The High Court of Jammu & Kashmir and Ladakh ruled that the petitioners in a long-standing land dispute case, who are migrants from Kashmir, can attend hearings virtually due to security concerns.
The petitioners had sought the transfer of their case from the Srinagar Wing to the Jammu Wing of the High Court, citing threat perception. However, the court declined the transfer request, instead directing the Srinagar Wing to facilitate virtual hearings.
Reports said the case revolves around a 17-kanal land dispute in Shopian, initially ruled in favor of respondents 4 to 7 through an allegedly fraudulent compromise decree in the Munsiff Court, Pulwama.
The decree was later set aside, and the case was transferred to the Jammu court due to the security concerns of the petitioners, who had migrated from Kashmir.
After nearly two decades of litigation, the suit was dismissed on November 16, 2023, and possession of the land was handed back to the petitioners on February 14, 2024.
Following this, the respondents challenged the dismissal order in the Srinagar Wing of the High Court, prompting the petitioners to seek a transfer back to Jammu, citing the same security concerns that had initially led to the case’s relocation.
Chief Justice Tashi Rabstan acknowledged the threat perception that the petitioners face, stating that the security situation in Kashmir had previously justified transferring the case. However, he said that modern virtual hearing facilities now allow litigants to attend proceedings remotely.
“Two decades ago, there was a significant security risk due to militancy, making it impossible for the petitioners to pursue their case in Srinagar. However, with virtual proceedings now available in both Wings of the High Court, the petitioners can attend hearings from Jammu itself,” the Chief Justice said.
Instead of transferring the case, the court directed the Registrar (Judicial) of the Srinagar Wing to ensure that the petitioners and their counsel are provided virtual hearing links in advance. This arrangement allows them to argue their case without physically appearing in Srinagar, mitigating their security concerns