Jammu, Apr 22: The BJP, the partner in the PDP-led Jammu and Kashmir government, today accused opposition parties of playing “dirty politics” for their demand of a CBI probe into the rape-and-murder of a minor girl in Kathua, saying only higher courts can transfer the case to the central agency as charge-sheet has already been filed.
It also came down heavily on “self-seeking politicians and separatists” in the Valley for “misguiding the youth” and appealed to students to resume their classes as all the accused in the case were arrested and the judicial process has begun with the filing of the charge-sheet by the Crime branch in the case on April 09.
“The opposition in both Jammu and Kashmir regions are playing with people’s sentiments, provoking them and playing dirty politics without showing any sincerity in addressing their issues,” BJP state spokesperson Anil Gupta said in a statement here.
Referring to the verbal assault launched by the leaders of the Congress and the National Panthers’ Party in support of a CBI inquiry into the Kathua case, Gupta accused them of playing a “double-game”.
“Incidentally, most of these leaders have a legal background and are well versed with the law. Yet they are misleading the people because they are not sincere in helping them but want to exploit them,” he alleged.
The former Army officer said had these leaders been sincere, they would have appealed to the High Court for a CBI enquiry well before the charge-sheet was filed in the appropriate court by the Crime Branch. “They were only trying to score political brownie points,” he alleged.
He said the legal position is crystal clear after the charge-sheet was presented and all of them know it.
“Now even the lower court hearing the case is not empowered to refer the case to CBI but can only seek additional evidence from Crime Branch. The authority rests only with the High Court or the Supreme Court to order a CBI enquiry, as and when approached and the court is convinced of the need of a CBI enquiry. No executive authority holds any power to now refer the case to CBI,” Gupta explained.
Yet these leaders, he said, continue to play with the sentiments of the people by holding protests and rallies.
“None of them is interested in following the laid down legal procedure because they are more interested in publicity rather than action,” he rued.
Similarly in Kashmir, the BJP leader said, “Self-seeking politicians and separatists are misguiding the youth and encouraging them to launch agitation and protests at the cost of their studies without any justified reason.”
“When all the accused are already in police custody and the judicial process has begun there is no justification for the students to take to streets but none of these politicians has tried to pacify the protesting students; but to the contrary raised the passions through their communal and irresponsible statements,” he alleged.
He also appealed to the students to return to their classes and resume studies as the Centre has already proposed death penalty of raping children below the age and 12 and the State government also intends to follow suit.
“Pen not the gun is the way to success and a bright future,” Gupta told the protesting students.
To those demanding the trial of the case be shifted outside Jammu and Kashmir, he said, “The law states that court is where the code is applied. Both Ranbir Penal Code and J&K code of criminal procedure are applicable in J&K only and hence the case has to be tried within the state only.”
