Kathua Rape & Murder: Lawyers Ask SC To Take Suomotu Cognizance On Kathua Lawyer's Action Against Filing Of Charge Sheet, SC Agrees To Hear And Ask Lawyers To File Petition
A bench headed by Chief Justice Dipak Misra today agreed to hear a plea seeking some direction against the Jammu and Kashmir and Kathua Bar lawyers who prevented the Crime Branch from filing charge sheet against 7 accused in the gang rape and murder of 8-year-old girl.
A group of Supreme Court lawyers mentioned the matter and said a "judicial notice of the shocking conduct of Jammu Kashmir and Kathua lawyers have to be taken, a bench headed by Chief Justice Dipak Misra asked them to file a petition with some materials.
Advocate Dinesh told the bench: "Look at the conduct of the lawyers of Jammu and Kashmir and Kathua Bar. They not only prevented filing of charge sheet but also did not allow lawyer of victim's family to appear in court.
"We do not want to file any petition and don't want to be seen filing any publicity interest petition so your Lordship may take it suo motu"
CJI then said even for taking suo motu we need something on record before us".
Justice D Y Chandrachud then said: "You file a petition we will see"
Jammu and Kashmir Police had on Tuesday registered a FIR against the lawyers of Kathua Bar Association for stalling the Crime Branch from filing the chargesheet against the accused in the gangrape and murder of the minor Bakerwal girl.
The officials had to wait for nearly six hours to file chargesheet in the court of Chief Judicial Magistrate of Kathua on Monday after the lawyers blocked the officials and raised slogans demanding case be shifted to the Central Bureau of Investigation.
DGP S P Vaid confirmed an FIR was registered in the case.
Police sources said charges under Section 353 (assault or use of criminal force to deter a public servant from discharging his duty, 147 (rioting), 341 (wrongful restraint) of RPC have been filed.
Amid high drama, the lawyers on Monday had staged a protest and prevented the Crime Branch from filing charge-sheet against the seven accused in the gangrape and murder of eight-year-old girl
The Crime Branch has established that the girl was raped in temple and murdered by a few residents of Rasana and adjoining village to force the Bakerwal community to flee from the area with the intention to divest them of their landholdings.