Will transfer trial out of J&K on ‘slightest’ sign of unfairness

NEWDELHI: The Supreme Court on Thursday hinted at the possibility of moving the Kathua gangrape case out of Jammu, saying it’s a “real concern” to see that a fair trial is conducted.

“Fair trial is the consideration and we are concerned with the interest of victim and accused... If we find the slightest possibility of a lack of a fair trial, we will transfer the case out of Kathua,” the top court said.

SC’s statement came after the Bar Council of India said the lawyers’ body in the district had neither obstructed police from filing the chargesheet nor the advocate from representing the victim’s family.

It also said the demand of the J&K High Court Bar Association and Jammu and Kathua District Bar Association for a CBI probe appeared to be justified.

On January 10, an eight-yearold girl from a nomadic community had disappeared from near her home in a village near Kathua in Jammu. Her body was found in the same area a week later.

The Crime Branch, which probed the case, filed the main chargesheet against seven persons — including two policemen — and a separate chargesheet against a juvenile in a court in Kathua district earlier in April. The bench of Chief Justice Dipak Misra and justices AM Khanwilkar and DY Chandrachud said the trial should be fair not only for the accused but also for the victim’s family, and the protection to them and their lawyers should be ensured. SC also ruled out ordering a CBI probe and said it should be circumspect while transferring the investigation to another agency.

SC’S STATEMENT COMES AFTER THE BCI SAID THE LAWYERS’ BODY DID NOT OBSTRUCT POLICE FROM FILING THE CHARGESHEET

SC AGREES TO HEAR PLEA OF ACCUSED SANJI RAM, SON

JAMMU: SC on Thursday allowed the impleadment application of former revenue official Sanji Ram and his son Vishal Jangotra in the case. Their plea will be heard by SC on Friday.

“I have filed the impleadment application on behalf of both the accused. It was mentioned and allowed to be heard on Friday along with writ petition of the biological father of the victim wherein he prayed for transfer of the trial from Kathua to Chandigarh,” said Supreme Court lawyer Advocate Chandan Sharma over the phone.