Bar files detailed affidavit in Apex Court
Excelsior Correspondent
NEW DELHI/JAMMU, Apr 25: Two prime accused in the sensational Kathua gangrape and murder case of an eight-year-old girl today moved the Supreme Court opposing the plea of the victim’s father seeking transfer of trial outside the State, preferably to Chandigarh.
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Sanji Ram and Vishal Jangotra, who have been chargesheeted by the Crime Branch of Jammu and Kashmir Police in the case, have also sought transfer of probe to the Central Bureau of Investigation (CBI) besides seeking to be impleaded as parties in the petition filed by the father of the victim.
Recently, a bench headed by Chief Justice Dipak Misra had ordered the State Police to grant security to the family of the victim, their friend and their lawyer Deepika Singh Rajawat.
The top court had also said it would later decide on the prayer for transfer of case out of Kathua after the State Government filed its reply.
Meanwhile, two police cops Sub Inspector Anand Dutta and SPO Deepak Khajuria, who are allegedly accused in the Kathua rape and murder case, filed a petition in the State High Court seeking CBI probe and Justice Alok Aradhe issued notice to Principal Secretary Home J&K, Director General of Police, IGP Jammu and Central Bureau of Investigation.
After hearing Senior Advocate UK Jalali with Advocate Veenu Gupta for the petitioners whereas Advocate General Jehangir Iqbal Ganai with Deputy AG Ehsan Mirza for the State and Adv Monika Kohli for the CBI, Justice Aradhe also directed the State and CBI to file objections within 10 days and directed Registry to list the petition on May 7, 2018.
Earlier, senior counsel appearing for the petitioners submitted that from the perusal of post-mortem report, it is evident that the post-mortem report has been altered. In the second post-mortem report, there has been additional injury. It was further submitted that three Special Investigation Teams were constituted and this court has power to transfer the investigation to CBI even after filing of the charge sheet.
On the other hand, Advocate General while opposing the submissions made by the counsel for the petitioners, submitted that one of the petitioners himself was the Investigating Officer in the case and he did not perform his duties properly , therefore, he was changed and made accused.
“The writ petition at the instance of the petitioners, who are accused, is not maintainable”, he said.
After considering the rival submissions made by the counsel for the parties, Justice Alok Aradhe observed, “the question of interim relief as well as question of maintainability of the writ petition shall be examined on the next date of hearing. It is made clear that the trial court shall be free to proceed ahead with the trial of the case”.
On the other side, Chief Judicial Magistrate (CJM) Kathua A S Langeh today put the case for further hearing on May 7, 2018 as Special Public Prosecutors as well as defence lawyer were not present in the court.
Meanwhile, J&K High Court Bar Association Jammu, in compliance to the notice issued by the Supreme Court, filed a detailed affidavit through Advocate Bimal Roy Jad highlighting the details which led to the strike call.
It was revealed by Bar Association that the strike call was given in protest against illegal directions issued in pursuance to a meeting of Tribal Affairs Department, for deportation of illegally settled immigrants in and around Jammu, resolving of issue of people of Nowshera, Sunderbani and Kalakote and handing over of investigation to CBI for fair and impartial probe into Kathua rape and murder case.
“Few irresponsible national news channels and some sections of the society hatched a conspiracy and launched a vilification campaign to dent the age old reputation of the Bar Association Jammu, which is known for its secular and national credentials”, the affidavit said, adding “the allegation that Bar Association caused obstruction in filing the charge-sheet is factually incorrect”.
About the issue of causing any obstruction or extending any threat to Advocate Deepika Singh Rajawat from appearing in the High Court on behalf of the victim, the Bar Association said, “this allegation is totally false and baseless”, adding “the office bearers of the Bar were requesting the members of the Bar to respect and abide by the resolution of General House meeting but never obstructed from causing appearance in any case”.
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