Accused in Kathua gangrape moves Supreme Court, seeks CBI probe

How Fake News Is Attempting To Derail Kathua Rape Probe

A bench headed by Chief Justice Dipak Misra said if it found slightest possibility of a lack of fair trial, it would transfer the case out of Kathua.

Denying all allegations that police or victim's lawyer Deepika Singh Rajawat was obstructed in any manner, the BCI report went a step further to state that the strike call was justified and backed the demand by local lawyers for CBI probe.

These comments anxious the victim's family who felt this could weigh with the High Court to transfer the case to CBI.

The case will be heard again on July 23.

The Jammu and Kashmir police said the child was subjected to horrific tortures to scare off the nomadic Bakerwal community, to which she belonged, from Jammu's Hindu majority areas.

Expressing shock over the observations made by the Committee in its report qua the genuineness of demand of handing over the Rassana case investigation to CBI, the Forum said that BCI had no Constitutional, statutory or moral authority or mandate to make a recommendation seeking transfer of the case to CBI.

"The real concern of this court is to see that a fair trial is conducted and "fair trial" means fair to the accused as well as to the victims".

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On April 13, the apex 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.

Separately earlier, father of the eight-year-old victim has also moved the apex court and sought the case to be shifted to Chandigarh.

Opposing the shifting of the case, two accused Sanji Ram and Vishal Jagotra said they have been falsely implicated in the case as accused 1 and 5 pending before the Chief Judicial Magistrate Kathua, where the charge sheet has already been filed, reported Deccan Chronicle.

"As such, the victim's family itself is satisfied with the probe conducted by the SIT", it said, adding that pursuant to the court's order, the advocate representing the victim's family and a friend of the family have been provided security by the state.

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.

Alam pleaded that the two petitions related to the alleged misconduct of the lawyers and the prayer of the eight-year-old's father seeking transfer of the case to Chandigarh be kept separate to ensure that the matter is not sensationalised.

To address these pressing issues, the bench kept the hearing on Friday. "Let us be clear and focus on investigation and about the trial of the case".

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