In a serious warning, the Supreme Court on Thursday (Apr 26, 2018) said it would transfer the Kathua gangrape and murder case from the local court in Jammu and Kashmir in the “slightest possibility” of lack of fair trial. The Supreme court said the “real concern” was to hold proper prosecution. The observations by a bench headed by Chief Justice Dipak Misra came amidst a report filed by a Bar Council of India (BCI’s) committee that supported the demand of the lawyers’ body there for a CBI probe in the matter saying the bar associations in Kathua have not obstructed the police or the counsel representing the victim’s family in any manner.
The apex court, after perusing the report, said it would not “digress” from the main issue of ensuring a fair trial, not only for the accused but also for the victim’s family. On the issue of alleged obstruction by lawyers in administration of justice in the case, the bench made it clear that if the advocates were “at fault, they will be dealt with in accordance with the law”.
The bench also said its constitutional obligation was to ensure a fair trial and proper legal assistance to the victim’s family as well as the accused, along with protection to them and their lawyers.
“If we find a slightest possibilty of lack of fair trial, we will transfer the case (out of Kathua),” the bench said, adding, “the real concern of this court is to see that a fair trial is done and the trial is fair to the accused as well as the family members of the victim”.
The gruesome and spine-chilling crime came into light when an 8-yr-old girl from a minority nomadic community had disappeared from near her home in a village near Kathua in Jammu region on January 10. Her body was later found in the same area a week later. The girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.
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