 reiterated that “If we find slightest issue in respect of fair trial we will transfer the case.”){kind=link}
While the Kathua rape-murder transfer of trial case come up at the Supreme Court tomorrow, Chief Justice Dipak Misra on Thursday (April 26) reiterated that “If we find slightest issue in respect of fair trial we will transfer the case.”
While senior advocate Vikas Singh advocated the initiation of a CBI probe in the case, as demanded by the defendants, the CJI also said: “This case attracts fair trial. In the present case it has to be seen that both parties have been given a fair chance.”
He said that this matter comes up tomorrow, where the following issues will be discussed: “We will fast-track the case and will give protection to the lawyers. Fair trial, legal assistance and transfer of the case is prima facie important in this case.
Regarding Singh’s demand that the CBI be involved, the CJI said: “Let’s not divert from the main issue. The focus should be how to achieve real justice. One prayer is to transfer the case to another place. The second prayer is to monitor the trial that includes fairness in the trial and of fast-tracking of the case.”
When the CJI talked about the “slightest issue in respect of fair trial” in transferring the, senior counsel Indira Jaising pointed out: “The petitioner has been boycotted from society. Does it not amount to threat? And it is on record that charge sheet was obstructed.”
One counsel, meanwhile, submitted that the media has misrepresented the issue and misquoted people, therefore there should be proceedings against them.
This was brushed aside by the court.
Meanwhile, the Jammu and Kashmir High Court on Thursday issued notices to the state government and the CBI, asking them to file objections to the plea of a sub-inspector and a special police officer seeking a probe by the agency into the Kathua rape and murder case, as per agency reports.
It has been alleged that sub-inspector Anand Dutta and special police officer (SPO) Deepak Khajuria had destroyed evidence related to the rape and killing of the eight-year-old girl. Khajuria, allegedly, also took part in the gang-rape. They have been arrested.
The two have moved the court seeking a fresh CBI probe into the matter and for quashing of the investigation by the crime branch.
—India Legal Bureau