SC doesn't favour CBI probe into Kathua rape-cum-mur­der case

Millennium Post - - NATION - OUR COR­RE­SPON­DENT

NEW DELHI: The Supreme Court on Mon­day did not favour hand­ing over the in­ves­ti­ga­tion into the rape-and­mur­der of an eight-year-old girl in Kathua from the crime branch of Jammu & Kash­mir Po­lice to the CBI as her fa­ther ex­pressed sat­is­fac­tion over the in­ves­ti­ga­tion car­ried out so far.

"In the ab­sence of any al­le­ga­tion, why should we enter into this as to who should in­ves­ti­gate," a bench headed by Chief Jus­tice Di­pak Mishra said, adding that it was "the pri­mary duty of the state po­lice to in­ves­ti­gate a case".

The fa­ther ex­pressed sat­is­fac­tion with the probe con­ducted so far by the state po­lice, while ve­he­mently op­pos­ing the plea of se­nior ad­vo­cate Bhim Singh and Delhi-based lawyer Anuja Ka­pur that the in­ves­ti­ga­tion be trans­ferred to the CBI.

"Be that as it may, we do not in­tend to enter into this sphere (trans­fer of case to CBI) at this stage," the bench said, not­ing the sub­mis­sion of the vic­tim's fa­ther.

At the out­set, the vic­tim's coun­sel Indira Jais­ing, who men­tioned the mat­ter for an ur­gent hear­ing in the forenoon, said the "bi­o­log­i­cal fa­ther" of the vic­tim had no griev­ance with re­gard to the po­lice probe.

"We are not seek­ing trans­fer of in­ves­ti­ga­tion. The is­sue is that the at­mos­phere is not con­ducive (at Kathua) for fair trial and dis­pen­sa­tion of jus­tice," she said. "In­ves­ti­ga­tion is al­most com­plete. Charge sheet has been filed. They (po­lice) may file a sup­ple­men­tary charge sheet. The fa­ther of the vic­tim has no prob­lem with the po­lice in­ves­ti­ga­tion," she said.

"We do not want CBI in­ves­ti­ga­tion. I am the fa­ther. We are sat­is­fied with the in­ves­ti­ga­tion. Ev­ery ac­cused has been iden­ti­fied. DNA sam­ples have been matched," the lawyer said, adding that she hailed the state po­lice. The Jammu Bar As­so­ci­a­tion and oth­ers had de­manded trans­fer of the case to the CBI as they had no faith in the probe car­ried out by the crime branch.

The crime branch sub­mit­ted two charge sheets against eight peo­ple in­clud­ing a ju­ve­nile for al­legedly rap­ing and mur­der­ing the girl in Jan­uary this year.

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