Supreme Court hints at shifting case out of Jammu

28 April, 2018, 22:30 | Author: Chad Mckenzie
  • How Fake News Is Attempting To Derail Kathua Rape Probe

"Fair trial is the consideration and we are concerned with the interest of victim and accused".

A bench headed by Chief Justice Dipak Misra assured that if it finds even the slightest possibility of lack of fair trial, it will transfer the case out of Kathua. "In the present case, the victims are the family members of the deceased", the bench, which also comprised justices A.M. Khanwilkar and D.Y. Chandrachud, said while hearing the Kathua matter.

Expressing shock over the observations made by the Committee in its report qua the genuineness of demand of handing over the Rassana case investigation to CBI, the Forum said that BCI had no Constitutional, statutory or moral authority or mandate to make a recommendation seeking transfer of the case to CBI. The two of the accused strongly opposed the plea for transfer of the trail from Jammu court to Chandigarh court in the Supreme Court on Wednesday.

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However, the accused are asking for the opposite, seeking a CBI probe in the case and trial in Kathua district itself.

"No lawyer or anyone else had threatened the victim's advocate and stopped the police from filing the charge sheet against the accused persons in the alleged Kathua rape and murder case", Singh submitted.

It said a "motivated and malicious campaign" by some media channels had created an "erroneous impression" about the motives of the Bandh call in Jammu by projecting the legal fraternity, as also the people supporting the bandh, as pro-rapists which was "factually incorrect and misleading and denied".

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He said that this matter comes up tomorrow, where the following issues will be discussed: "We will fast-track the case and will give protection to the lawyers". Read Also: Govt acts against rape, but make sons more responsible: Modi Since the sessions trials, according to procedures, the Chief Judicial Magistrate (CJM) has accepted the charge sheet. The affidavit further highlights the fact that after the Supreme Court took up the case, the bar association resumed work.

The case dates back to January when a minor girl belonging to the Sunni-Muslim nomadic Bakerwal Tribe was allegedly abducted, drugged, gang-raped, tortured and killed. Her body was recovered a week later. Further, it had directed the Bar Council of India (BCI) to prepare a report on the conduct of lawyers in Jammu and Kathua.

The Supreme Court had earlier considered the issue of alleged obstruction by lawyers in administration of justice in the case and said if the lawyers were at fault, they would be dealt with in accordance with law.

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