Supreme Court not in favour of handing over Kathua case to CBI

Modesto Morganelli
Aprile 17, 2018

The father also sought a direction from the Apex Court for transfer of the trial from Kathua in J&K Court to Chandigarh Court.

Indira Jaising, senior counsel for the petitioner, submitted that a fair trial is an inseparable facet of Article 21 of the Constitution, and there is an apprehension in the mind of the petitioner, the biological father of the victim, that there would be no fair trial inasmuch as there has been protest by the members of the Bar and further there may be issues relating to witness protection. The apex court asked the state government to provide security to the girl's family and their lawyer. "If there was an issue with the investigation agency, we could consider transferring the case, but that is not the case here", CJI Misra said.

It also sought response of the state government by April 27, the next date of hearing, to the specific prayer that the trial in the case be transferred out of Kathua court to Chandigarh in view of the communally surcharged atmosphere prevailing in Jammu town.

The government has also assured that those who are involved in the case won't be spared.

Earlier, Advocate Deepika Singh Rajawat had said that she is being threatened for taking up the case. All the accused were brought to court today mentioned the report.

However, later, it was clarified that the father of the victim filed the petition and another petition was filed by the Delhi-based advocate seeking a CBI probe into the case.

The top court will hear the Kathua case on 27 April.

The girl was abducted on January 10 in Jammu's Kathua and killed four days later. Aseem Sahni, counsel for accused constable Tilak Raj, alleged that the Jammu and Kashmir police didn't provide chargesheet to them.

The child from a minority nomadic community was allegedly held in captivity in a small village temple in Kathua district for a week in January this year during which she was kept sedated and sexually assaulted before being bludgeoned to death.

Jammu has been on tenterhooks since the brutal incident.

Lawyers took to the streets shouting slogans and trying to block the road outside the court where the charge sheets have been filed.

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