Supreme Court steps in, tells lawyers not to obstruct justice

The court also issued notice to the Bar Council of India, the apex disciplinary body, State Bar Council, Jammu High Court Bar Association and Kathua district bar association, asking them to explain why action should not be taken against lawyers who were disrupting judicial proceedings in the case. They will have to respond to the notice by April 19.

The bench, also comprising justices AM Khanwilkar and DY Chandrachud, agreed to take up the matter on an urgent basis after a group of lawyers from the top court brought to its attention the on-going protests by lawyers in Kathua and Jammu against the police. “We hope and trust that when we are issuing notice, the members of the Bar Associations shall conduct themselves and would not obstruct the smooth functioning of the justice delivery system which includes the presence of the persons aggrieved or accused in court or for that matter the presence of investigating agency and the witnesses,” read the court order.

Advocate Shoeb Alam, appearing for the Jammu and Kashmir government, said the police filed the charge sheet in the rape-murder case before the magistrate on Thursday. He said the team that went to the court was heckled by the lawyers who have demanded a CBI probe.

“Police team was prevented from submitting the charge sheet before the CJM (chief judicial magistrate) court in Kathua. Subsequently, the police produced the accused and submitted the charge sheet at the CJM’S residence,” he informed the court. Alam opposed the transfer of the case to the central bureau of investigation,a demand made by the protesting lawyers, saying the local police had thoroughly probed the rape-murder.

SC ISSUES NOTICE TO BAR COUNCIL OF INDIA, STATE BAR COUNCIL, JAMMU HIGH COURT BAR ASSOCIATION & KATHUA DISTRICT BAR ASSOCIATION, ASKING THEM WHY ACTION SHOULDN’T BE TAKEN