Kathua Case Transferred To Pathankot [Highlights Of The Hearing] [Read The Order]

The Kathua case trial is transferred to Pathankot District And Sessions Court, PunjabA Three Judge Bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice Indu Malhotra on Monday transferred the trial in the gang rape and murder of the eight year old girl in Kathua, Jammu & Kashmir to the District And Sessions Court, Pathankot in the state of Punjab, the trial to be conducted in-camera and on a day-to-day basis.The bench directed the state of Jammu and Kashmir to ensure adequate arrangements in respect of commutation and residential accommodation as desired by the District and Sessions Judge, Pathankot for the deposition of witnesses.Further, the accused persons are also to be similarly treated so as to not give the impression of the presumption of guilt.Finally, in view of the further investigation as well as the trial being monitored by itself, the bench restrained any other court from entertaining any such petition.On a request in this behalf by Senior Counsel Gopal Subramanium, appearing for the state of Jammu and Kashmir, the bench permitted the state to appoint the Special Public Prosecutor in respect of the trial.The matter is relating to the abduction, rape and murder of an eight year old girl. An F.I.R. was lodged at Hiranagar Police Station, Kathua, which was registered as F.I.R. No.10 of 2018. The iCrime Branch, which took over the investigation on 22nd January, 2018 from the local police has already filed the charge-sheet on 9th April, 2018, in the court of Chief Judicial Magistrate, Kathua in the State of Jammu & Kashmir.IssuesThe issues that emerge for consideration are whether the charge-sheet filed by the Crime Branch should be treated to have been dented to have an investigation by the Central Bureau of Investigation, to transfer the case outside the District of Kathua or outside the State of Jammu & Kashmir, the duty of the State to provide protection to the accused persons, one of whom is a juvenile and the witnesses, if the case is transferred to another place, what kind of protection is to be given to the witnesses and further what kind of arrangements can be made so that the witnesses not only feel protected, but depose absolutely in a fearless manner and that in the case of transfer to some other State, who should be allowed to prosecute the trial and how the trial Judge can be rendered assistance.ArgumentsCiting the factors warranting the transfer of the trial from Kathua, Senior Counsel Indira Jaising, appearing on behalf of the petitioner, had advanced, “the accused are residents of Kathua and so they enjoy a special status in the region. There is an apprehension of witnesses being influenced...the newly appointed Deputy Chief Minister of the state has regarded this a ‘minor matter’...a local MLA set up the Hindu Ekta Manch for the release of one of the accused...the Kathua and J & K Bar Associations had called a strike...the local lawyers attempted to restrain the Crime Branch from filing the chargesheet so as to secure the entitlement of the accused to default bail...only yesterday, FIRs have been filed at Kathua against some lawyers...the entire matter has been sought to be accorded a communal colour...”Indicating the affidavit filed before the apex court by the state of J & K, she had submitted, “the Press Release by the Kathua Bar Association annexed to the affidavit affirms that the bar had gone on strike to oppose investigation by the Crime Branch...the report of the District Judge, Kathua, called for by the J & K High Court, asserts that on the day the chargesheet was sought to be filed, there were ‘massive, intense protests by 40-45 lawyers who raised slogans against the Crime Branch’...”“Your Lordships have agreed that witness protection, no interference with the court proceedings and victim compensation, which we are not praying for at present, are the three aspects of a fair trial...”, she had continued.Opposing the transfer of the trial outside of the state at the outset, Mr. Subramanium had submitted, “the state stands for a fair investigation and trial...initially, there was some obstruction, but the report of the BCI inquiry committee and the affidavits of the Bar Associations guarantee that there shall not be any further interference...there has been a sound investigation by the Crime Branch and in record time...the further investigation under section 173(8), Cr. P. C. shall be concluded speedily...if it is apprehended that the deposition of the witnesses in the presence of hundreds of lawyers may jeopardise the administration of justice, then an in camera trial may be carried out...if a regular public trial is sought to be conducted, then it may carried out any other appropriate place within the state...the state has taken upon itself to ensure the security of the victim’s family members and their counsel...we make it clear that the same protection shall be accorded to all counsel to rule out claims of discrimination...”“I understand that the...

Kathua Case Transferred To Pathankot [Highlights Of The Hearing] [Read The Order]

Mehal Jain

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