2 accused in Kathua rape case oppose shifting trial outside J&K

New Delhi: Two of the accused in the Kathua rape incident have strongly opposed in the Supreme Court the plea for transfer of the trial from Kathua court to a court in Chandigarh. The father of the eight-year victim girl had sought shifting of the case to ensure free and free trial.

Opposing shifting of trial outside Kathua court, two accused Sanji Ram and Vishal Jagotra said they have been falsely implicated in the case as accused 1 and 5 pending before the Chief Judicial Magistrate Kathua, where the charge sheet has already been filed. The applicants are directly affected if the trial is shifted outside Kathua without making them parties to the writ petition filed by victim’s father.

On the investigation by the state police, they said probe must be fair, transparent and judicious and the investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. The convenience of the complainant cannot be the sole consideration for transferring a criminal case out of the state.

They added that courts have to consider the convenience of the accused, prosecution witnesses and larger interest of the society. The trial had already commenced and there is no apprehension on behalf of the complainant for any threat or coercion of prosecution witnesses. They prayed for a direction to be impleaded in the writ petition.   

Meanwhile, the Jammu and Kashmir government through the investigating officer in the Kathua rape case said that on the day when the crime branch police arrived at the court along with the accused to present the charge sheet, the agitating members of the Kathua bar association shouted slogans and asked the police to return back. The two officers however, managed to go inside the chambers of the judge. Thereafter attempts were made to humiliate and threaten the officers to leave the court premises and prevent filing of charge sheet.

In view of this, the judge advised the officers to present the charge sheet the next day. Thereafter the judge summoned the officers to his residence around 9 pm where the accused were produced and charge sheet was presented. Charge sheet in respect of a juvenile accused was presented in the juvenile court on April 10, the affidavit said.    

The Jammu and Kashmir Bar Association has denied that the members of the bar threatened the lawyer of the victim and her family. The Association said the allegation that Deepika Singh Rajawat, advocate for the victim was threatened was false. It added that she was also not obstructed from appearing in court.

It said that at its general house meeting held on April 3, the association approved the demand for handing over Kathua rape incident to the CBI to ensure that the victim gets justice and this demand was never to support the alleged rapists. On April 11, the association in support of its demands observed a bandh, viz deportation of Rohingyas and Bangladeshis settled in Jammu near Army camps to any other place in India.

A motivated and malicious campaign was made by some national media channels about the motive of the bandh as if those who support the bandh are those who support the rapids, which is factually incorrect. On the same day charge sheet was also filed in the case and the victim’s lawyer was never threatened or obstructed the smooth functioning of justice delivery system.