Supreme Court has agreed to hear the plea by Kathua victim's biological father for the transfer of the trial in the case from the state of Jammu and Kashmir to Chandigarh as well as for a court monitored probe at 2pm.
Senior Counsel Indira Jaising, appearing on behalf of the biological father of the 8 year old victim of the Kathua rape and murder, pleaded before Chief Justice Dipak Misra.
During the morning mentioning on Monday, the CJI agreed to afford an urgent opportunity of being heard in respect of the aforesaid concerns at 2 PM.
Advocate Deepika Singh Rajawat has also on Sunday communicated to the media that she is facing grave threats against appearing on behalf of the victim’s family and sought the apex court’s intervention.
The main prayers in the petition
a) Issue an appropriate writ, order or direction or like nature directing the transfer of the case and Trial into the chargesheet in FIR 10 of 2018 titled - “State v. Sanji Ram and others”, dated 12.01.2018, pending before the Ld. Chief Judicial Magistrate, Kathua, State of Jammu and Kashmir to a court of competent jurisdiction at Chandigarh;
b) Issue an appropriate writ, order or direction directing the concerned State authorities to provide adequate security in plain clothes police to-
i) the family members of the victim;ii) the local advocate - Ms. Deepika Singh Rajawat and her family members;iii) Shri Talib Hussain;
c) Issue a writ, order or direction directing the concerned authorities to strengthen the security at the Juvenile Home where the alleged JCL/Juvenile Accused is lodged at present and to ensure that no unauthorized person is allowed to meet him during his stay and also when he is required in the Court for deposition;
d) Issue an appropriate writ, order or direction or like nature directing the Investigating Agency of the Respondent State to continue carrying out effective investigation, if necessary and report the progress of the same to this Hon’ble Court and that this Hon’ble Court may be pleased to monitor the same to ensure that the Investigation is concluded expeditiously and in a fair and transparent manner;
e) Issue an appropriate writ, order or direction or like nature directing stay on the proceedings before the Ld. Chief Judicial Magistrate, Kathua arising out of FIR No. 10/2018, till the pendency of the present petition before this Hon’ble Court;
The Supreme Court had on Friday taken suo motu cognizance of the alleged attempts by the local lawyers to restrain the police crime branch from filing the chargesheet and the lady advocate from representing the victim’s family, noting that “obstruction of delivery of justice and process of law, and that too by lawyers cannot be condoned”. The bench headed by Chief Justice Dipak Misra had issued notice to the the BCI, J & K state bar council, the High Court Bar Association and the Kathua District Bar Association.
The BCI has on Sunday constituted a committee to inquire into the matter.
Read the Petition Here