Kathua case accused move SC

How Fake News Is Attempting To Derail Kathua Rape Probe

A bench of Chief Justice of India (CJI) Dipak Misra, Justices A.M. Kanwilkar and D.Y. Chandrachud made it clear to senior counsel Indira Jaising, appearing for the father of eight-year-old girl, that the trial should be fair not only for the accused but also for the victim's family, and the protection to them and their lawyers should be ensured.

"Apart from the fairness in procedure, the concept of speedy trial gets attracted".

"The requisite state machinery will be put into motion to ensure the conduct of a fair, expeditious and impartial trial in the matter so that justice is dispensed to the victim while the human rights of the victim's family as well as the accused are protected in accordance with the law", the affidavit said.

The Supreme Court today admitted a plea seeking the transfer of the Kathua gangrape and murder case probe to the Central Bureau of Investigation (CBI). "Keeping these aspects in view, we think it appropriate that the relief in the said case will be addressed first", the bench said.

These comments anxious the victim's family who felt this could weigh with the High Court to transfer the case to CBI. They will transfer the case out of Kathua in case it finds the slightest possibility of lack of fair trial. Advocate P.V. Dinesh on whose instance the court took suo motu cognisance of incident took objection to the report, which has missed a crucial issue whether a section of lawyers had obstructed filing of charge sheet.

The state government also said the Magistrate had then suggested that the chargesheet be presented to him in the evening and the one against the juvenile be presented to him the next day. "The second prayer is to monitor the trial that includes fairness in the trial and of fast-tracking of the case".

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

However, advocate Shoeb Alam, appearing for the State, opposed the committee's report and maintained that the police team was heckled allegedly by the lawyers, due to which they could not file the charge sheet in the trial court.

Meanwhile, the Bar Association has filed another affidavit, whereby it has denied the charge that it had obstructed the presentation of the chargesheet.

The court listed the petition for hearing on May 7. Two of the accused have also alleged they were falsely implicated and sought court intervention to have a fresh CBI probe.

The mutilated body of the Bakerwal girl was recovered from a forest in Kathua on January 17, a week after she went missing.

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