Kathua case
Arguing for the petitioner before a bench led by the Chief Justice of India, senior Supreme Court advocate Indira Jaising said the atmosphere in the state was not conducive for a fair trial, which is an inseparable asset of the Constitution. There has been non-cooperation from the local legal community that protested against the police at the time of filing the charge sheet, she said.
She said that the Jammu High Court Bar Association had threatened Rajawat if she appeared in the case before the high court. Jaising appreciated the investigation conducted by the local police.
“Kathua Bar Association and Jammu Bar Association have been repeatedly holding agitations and rallies against the crime branch and the lawyers representing the petitioner herein by taking rounds on the back of trucks, carrying the tricolour and bamboo sticks, and shouting slogans in favour of the accused persons,” the petition said.
The court said it did not intend to get into the argument over the transfer of the investigation from the local police to any other agency at this stage. The request for permission by senior advocate, Bhim Singh, who runs a local political party in Jammu, to intervene was also shot down.
“We will only deal with the aspect of witness protection and fair trial. These two principles will guide us,” the bench told Singh, who sought a transfer of the case to the CBI “in the interest of justice” and accused the state of botching up the case to create “communal rift” in Jammu.
Advocate Shoeb Alam, the lawyer for the J&K government, said the police had carried out a thorough scientific investigation into the crime before finalising the charge sheet within 70 days of the incident. He said four policemen, including an assistant subinspector, were already stationed with the victim’s family.
The alleged rape-murder has evoked shock and outrage across the country and has resulted in the resignation of two BJP ministers, who allegedly addressed a rally in support of the accused, in the J&K government.
The SC has asked the J&K government counsel to submit a written response within a week and said it will hear the matter again on April 27. The date was fixed after the SC was informed that the trial court in Kathua is expected take note of the police charge sheet in the case on April 28. information provided by a member of the Punjabi media in Vancouver area, who was an “agent” of Canadian intelligence. He also said he was photographed at the Mumbai reception with Trudeau, who had hugged him and greeted him warmly: “When I went on the stage, he knew me, He said, ‘Hey Jas, how’re you doing?’”
While photographs of Atwal with the prime minister’s wife and federal minister, Amarjeet Sohi, have appeared in the media, he provided similar pictures with two other ministers, Navdeep Bains and Harjit Sajjan. Atwal said he originally never planned on attending the Mumbai event, but did so at the request of a friend. The invitation to the Delhi event was rescinded by the Canadian government after the furore over Atwal’s presence at the Mumbai reception cast a shadow on Trudeau’s trip.
Atwal said his visit to India was planned earlier, and the reason was for consultations and medical tests related to a neurological problem. The invitation to attend the official events in Mumbai and New Delhi came at the initiative of Canadian MP Randeep Sarai. “He said, ‘I will forward your name and if security approves..., then you come, otherwise, that’s it’,” Atwal said.
He asserted his name had been cleared by Canadian intelligence and the Royal Canadian Mounted Police and he was emailed the invitations from the office of Nadir Patel, Canada’s high commissioner in New Delhi.
Atwal also said an Indian visa had been issued to him after he was removed from a “blacklist”.
Referring to the “snub” that Trudeau experienced in India, Atwal alleged that travelling on that same flight were proponents of Khalistan. “The prime minister [Trudeau] should have this much knowledge that if Khalistanis are part of the entourage, why should the other government welcome him?” he said.
Jean is scheduled to testify before the House Public Safety and National Security Committee even as the National Security and Intelligence Committee of parliamentarians is conducting “a special review” connected to the affair. Atwal said he would testify if asked to do so: “I have no problem, they can call me any time they want.” He is consulting a lawyer on whether there are grounds for legal action against the government because “they threw me under the bus”. Asked why he was contemplating such a measure, he responded, “[The] government of Canada, including PM, they put my life in jeopardy.”