Kathua case: J&K govt opposes victim's father's plea for transfer of trial

How Fake News Is Attempting To Derail Kathua Rape Probe

The bench also considered the issue of the alleged obstacle made by the lawyers in the administration of justice in the case and said, "If the lawyers are at fault, they would be dealt in accordance with the law". The court did not want to get embroiled in the issue relating to lawyers' strike and said it would rather focus on the primary issue relating to the trial in Kathua rape-cum-murder case.

On April 13, the top court took suo motu notice of an incident of lawyers of Jammu and Kathua bar associations preventing the victim's lawyer from appearing in the case.

The minor girl had disappeared from near her home in the forests next to Rasana village in Kathua, on January 10. A week later, her body was recovered.

"We should be circumspect while transferring the case to another agency".

Meanwhile, Chandan Sharma, the lawyer of two of the accused-Sanji Ram and Vishal Jangotra - told the court that the investigation must be fair, transparent and judicious as it is the minimum requirement of the rule of law.

The eight-year-old's father had moved the apex court earlier, apprehending threat to the family, a friend and their lawyer Rajawat.

Expressing satisfaction with the probe conducted by the Jammu and Kashmir police in the case, the father had also sought transfer of the trial from Kathua court to Chandigarh. These submissions, the association said, had been placed before the committee constituted by the Bar Council of India (BCI) after the nation-wide condemnation of lawyers of the state for their alleged actions.

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Senior advocate Vikas Singh, appearing on behalf of the Jammu and Kashmir High Court Bar Association, also maintained that neither were the police prevented from discharging their duties, nor was the victim's family's lawyer stopped from appearing in the matter.

Alam told the bench that the report of the BCI can not be relied upon since no Crime Branch officers, who were allegedly obstructed by agitating lawyers at Kathua, were heard.

On Tuesday, the Kathua Chief Judicial Magistrate rejected the bail application of the juvenile accused in the rape and murder of the aforementioned eight-year-old.

The Forum took strong exception to the observations of BCI exonerating Kathua lawyers of obstructing presentation of charge-sheet against the accused and termed it as a blatant lie coined under influence in sheer contrast to what the entire world witnessed through video clips, press-note and social media posts wherein Kathua lawyers have admitted thwarting presentation of the charge sheet in the Kathua Court.

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".

"Let the main issue be not missed".

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