Kathua case: Protect victim’s kin, lawyer: SC asks JK govt
Says it doesn't favour CBI probe
New Delhi, Apr 16 : The Supreme Court today directed the Jammu and Kashmir government to provide security to the family members of the eight-year-old girl, who was brutally gangraped and murdered at Kathua, and also to their lawyer and a friend assisting them in pursuing the case.
The top court also took note of the victim’s father’s plea seeking transfer of the trial of the case from Kathua, preferably to Chandigarh, and sought the State government’s response.
The minor girl was allegedly held in captivity in a small village temple in the Kathua district of Jammu region by the eight accused for a week, during which she was kept sedated and raped several times before being beaten to death.
A bench headed by Chief Justice Dipak Misra considered the submission of senior advocate Indira Jaising, appearing for the victim’s father, that his family, their lawyer Deepika Singh Rajawat and their friend Talib Hussain, feared for their lives in a communally “polarised situation” at Kathua.
“As an interim measure, it is directed that the Jammu and Kashmir government will beef up security to the family and others and provide security to them,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.
The court made clear that it would “go by the concept of fair trial and victim protection” and said that ordinarily, it was the duty of police to probe a case.
It considered the plea that security personnel, who will guard the family members, their lawyer and the family friend, should be in plain clothes.
The father expressed satisfaction with the probe conducted so far by the state police, while vehemently opposing the plea of senior advocate Bhim Singh and lawyer Anuja Kapur that the investigation be transferred to CBI.
“Be that as it may, we do not intend to enter into this sphere (transfer of case to CBI) at this stage,” the bench said.
Jaising pleaded that the trial should be transferred from Kathua to a local court outside the state, preferably in Chandigarh, as the situation there was “surcharged and polarised” and moreover, there has been non-cooperation from the local bar.
The bench asked the State government, represented by lawyer Shoeb Alam, to file a response to the plea seeking transfer of trial and fixed the matter for further hearing on April 27.
“I will have to be heard on this aspect (transfer of trial ). I am grateful to the counsel for petitioner who has reposed faith in the scientific and thorough investigation conducted by police,” Alam said.
The bench also directed the State police to provide adequate security to the juvenile delinquent, who has been picked up in connection with the case and kept at an observation home.
At the outset, Jaising, who mentioned the matter for an urgent hearing in the forenoon, said the “biological father” of the victim had no grievance with regard to the police probe. “We are not seeking transfer of investigation. The issue is that the atmosphere is not conducive (at Kathua) for fair trial and dispensation of justice,” she said.
“Investigation is almost complete. Charge-sheet has been filed. They (police) may file a supplementary charge-sheet. The father of the victim has no problem with the police investigation,” she said, adding the prayer regarding transfer of the case outside the state and Chandigarh has been mentioned due to physical proximity from Kathua.
She referred to the affidavits of the local lawyer and the family friend to highlight the threats being faced by them in pursuing the case at the local court and cited an incident when policemen had to face protests while filing the charge-sheet before the Chief Judicial Magistrate, Kathua.
The bench made it clear that it would confine itself only to the safety and security aspect at the moment.
“Suppose, we transfer the case to some other court, even then the investigation will continue,” the bench said, adding it was “the primary duty of the state police to investigate a case”.
“We do not want CBI investigation. I am the father. We are satisfied with the investigation. Every accused has been identified. DNA samples have been matched,” the lawyer said, adding that she hailed the State police.
During the hearing, it was clarified that the petition was filed by the victim’s father and Delhi-based lawyer Anuja Kapur.
The top court had on April 13 taken strong note of some lawyers obstructing the judicial process in the gangrape-cum-murder case and initiated a case on its own, saying such impediment “affects the dispensation of justice and would amount to obstruction of access to justice”.
It had said it is a settled law that a lawyer who appears for a victim or accused cannot be prevented by any bar association or group of lawyers, for it is his duty to appear in support of his client.
The minor girl had disappeared from near her home in the forests of Kathua on January 10. Her body was found in the same area a week later.
The Crime Branch of police which probed the case filed a main charge-sheet against seven persons and a separate charge-sheet against a juvenile in a court in Kathua district.
Jammu has been on tenterhooks since the brutal incident, with bar associations and a section of people opposing the action against the accused.
Meanwhile, the Supreme Court did not favour handing over the investigation into the rape-and-murder of an eight-year-old girl in Kathua from the Crime Branch of Jammu and Kashmir Police to the CBI as her father expressed satisfaction over the investigation carried out so far.
“In the absence of any allegation, why should we enter into this as to who should investigate,” a bench headed by Chief Justice Dipak Mishra said, adding that it was “the primary duty of the state police to investigate a case”.
The father expressed satisfaction with the probe conducted so far by the state police, while vehemently opposing the plea of senior advocate Bhim Singh and Delhi-based lawyer Anuja Kapur that the investigation be transferred to the CBI.
“Be that as it may, we do not intend to enter into this sphere (transfer of case to CBI) at this stage,” the bench said, noting the submission of the victim’s father.
At the outset, the victim’s counsel Indira Jaising, who mentioned the matter for an urgent hearing in the forenoon, said the “biological father” of the victim had no grievance with regard to the police probe.
“We are not seeking transfer of investigation. The issue is that the atmosphere is not conducive (at Kathua) for fair trial and dispensation of justice,” she said.
“Investigation is almost complete. Charge-sheet has been filed. They (police) may file a supplementary charge-sheet. The father of the victim has no problem with the police investigation,” she said.
“We do not want CBI investigation. I am the father. We are satisfied with the investigation. Every accused has been identified. DNA samples have been matched,” the lawyer said, adding that she hailed the State police.
The Jammu Bar Association and others had demanded transfer of the case to the CBI as they had no faith in the probe carried out by the Crime Branch.
The Crime Branch submitted two charge-sheets against eight people including a juvenile for allegedly raping and murdering the girl in January this year.
