Some more relevant stuuf. AA. What did the accused ask for?
<<Two prime accused in the Kathua gangrape and murder case of an eight-year-old girl today told the Supreme Court that the probe in the case should be handed over to the CBI so that justice can be meted out to the victim. They also opposed a plea seeking transfer of trial to Chandigarh. Sanji Ram and Vishal Jangotra, who were chargesheeted by the crime branch of Jammu and Kashmir Police in the case, claimed that the police had miserably failed to conduct a "fair and effective" probe and alleged that "tainted" officers were part of special investigation team (SIT) which probed the matter. In an affidavit filed in the top court, the accused have opposed the plea of the victim's father seeking transfer of trial from Kathua to Chandigarh, saying there were 221 prosecution witnesses in the case and it would be "impossible" for them to attend court proceedings at Chandigarh, which is approximately 265 Km from Kathua. "In the interest of justice and fair play, the investigation so far carried out is shrouded with mystery. The investigation has been carried out by tainted officers of the Crime Branch, Kashmir and there are lacunas in the investigation resulting in miscarriage of justice," the affidavit claimed. A bench headed by Chief Justice Dipak Misra had on April 27 stayed till May 7 the trial in the case, after being seized with petitions seeking shifting of the trial to Chandigarh and handing over the investigation to the CBI. The accused have further said in the affidavit that the probe "be handed over to CBI or any other independent agency to unearth the real picture for giving justice to the victim and the accused persons". Referring to several judgements delivered by the apex court, the affidavit said these showed that "the rule of law must prevail and every one shall get a fair trial" which included the accused and the complainant also. The accused, while alleging that they have been falsely implicated, claimed that family members of the victim have no threat and there was not a "whisper of evidence" about this. The affidavit also said that providing security to the family members and advocate Deepika Singh Rajawat, who appeared for the victim's family before the high court there, was an "abuse of process of law". It said that Rajawat's allegations that she was obstructed and threatened when she appeared for the family before the high court, has been denied by the Jammu and Kashmir Bar Association in an affidavit filed in the top court. It also sought vacation of the order granting security to Rajawat and another person, who claims to be the friend of victim's family. The accused have also said that investigation in the case must be "fair, transparent and judicious" and probe agency cannot be allowed to conduct the probe in a tainted and biased manner. "The convenience of the complainant cannot be the sole consideration for transferring a criminal case out of state. Courts have to consider the convenience of the accused, prosecution witnesses and larger interest of the society," it said, adding there was no apprehension of any threat to the witnesses. They have sought a CBI probe in the matter claiming that the victim's age has not been ascertained by the police and the statement of her father was also not recorded. They claimed that "tutored and coerced" statements of some witnesses were recorded but they later retracted. The affidavit alleged that a rape case was lodged against a Deputy Superintendent of Police, who is a member of the SIT, in 2007 and the matter was pending before the court and another inspector in the team also had a graft case registered against him.>> (Excerpted from: 'Kathua case: Probe be handed over to CBI, accused requests Supreme Court', dtd. May 04 2018, at < http://www.newindianexpress.com/nation/2018/may/04/kathua-case-probe-be-handed-over-to-cbi-accused-requests-supreme-court-1810275.html >.) BB. What the Supreme Court has now ordered? I/III. <<The Supreme Court on Monday transferred the trial in the Kathua rape and murder case to Pathankot district in Punjab. A Special Bench of Chief Justice Dipak Misra, Justices D.Y. Chandrachud and Indu Malhotra transferred the case out of Jammu and Kashmir with consensus from the victim's family, Jammu and Kashmir government and the accused. "Fair trial is sacrosanct principle under Article 21 (fundamental right to life) of the Constitution," the Supreme Court observed in the order. It said fair trial and fear are contradictory concepts and should not be allowed to co-exist. It said fair trial means an "atmosphere where the victims, accused persons and witnesses feel safe and they do not suffer from any phobia from attending court". Issuing a series of directions, the Supreme Court ordered that the trial should be held in-camera. This is to protect the witnesses and make the accused "feel safe". The court ordered the Pathankot District Judge to conduct the trial and not delegate it to another court. The trial shall be held under the provisions of the Ranbir Penal Code, which is applicable in Jammu and Kashmir. The documents would be translated from Urdu to English. The apex court allowed the J&K government to appoint a special public prosecutor and continue providing protection, transport and all other ancillary facilities to the victims, lawyers and accused during the trial. The court refused to examine a separate plea to hand over the investigation to the CBI, saying it was dealing with only a petition seeking transfer of the case for the purpose of fair trial. Chief Justice Misra said the investigation has been done, chargesheet has already been filed by the J&K Crime Branch on April 9 and it is always open for supplementary investigation, if required. "When chargesheet is filed, why should we want another agency?" Chief Justice Misra said. The Supreme Court said it would continue to monitor the trial, so no other court across the country has jurisdiction to entertain complaints or appeals from the Pathankot District Judge's orders. The apex court ordered a fast-track trial on a day to day basis with no adjournments. Chief and cross examinations of a witness should be done without break and there would be no adjournments, it said. There are a total of 221 witnesses in the case. The next date of hearing in the Supreme Court has been fixed on July 9. The court ordered all the records of the case to be sent from the Kathua District and Sessions Judge's court - where the case was committed for trial - to the Pathankot trial court in a sealed cover under police escort. The hearing saw the apex court accept the suggestion by the J&K government, represented by senior advocate Gopal Subramanium, that it would be better to transfer the trial outside Kathua district rather than out of J&K itself. The court's decision was fortified after the J&K High Court-appointed judicial report from the Kathua District Judge "indicated" that the local lawyers, demanding a CBI probe, had obstructed the administration of justice by not allowing the Crime Branch team to file the chargesheet in court. The court also did not heed to submissions raised by one of the accused's lawyer that the investigation by the Crime Branch itself was "botched-up" and a transfer of the case would not ensure fair trial. "We are not going to comment on the investigation. We are here for the fundamental concept of fair trial for both victims and the accused," Chief Justice Misra responded. During the hearing, four adjoining districts - Udhampur, Samba, Jammu and Rambal - near Kathua were considered for transferring the trial. However, counsel for victims and accused could not reach an agreement on any of them owing to their distance from Kathua. Finally, they all agreed on Pathankot, which is 30 km away from Kathua but over the border in Punjab. The victim's father had wanted a transfer to Chandigarh, but the accused had protested.>> (Excerpted from: 'Kathua rape and murder: SC transfers case to Pathankot', dtd. May 07 2018, at < http://www.thehindu.com/news/national/sc-transfers-kathua-rape-and-murder-case-to-pathankot/article23802019.ece >.) II/III. <<The top court also issued directives to District and Sessions Judge Pathankot to personally undertake trial proceedings and not assign it to any additional sessions judge. The court also said that it will continue to monitor the progress in trial from time to time.>> (Excerpted from: 'Supreme Court transfers Kathua gangrape case to Pathankot, says 'no' to CBI probe', dtd. May 07 2018, at < https://timesofindia.indiatimes.com/india/sc-transfers-kathua-gangrape-case-to-pathankot-says-no-to-cbi-probe/articleshow/64063173.cms >.) III. <<5. The accused in the case have sought a CBI investigation, which is pending in Jammu and Kashmir High Court. Chief Justice of India Dipak Misra, who was part of the three-judge bench hearing the case, however said, "No other court will hear any case on this issue as we are monitoring it".>> (Excerpted from: 'Trial in Kathua Rape-Murder Will Be Held In Pathankot, Says Supreme Court: 10 Facts', dtd. May 07 2018, at < https://www.ndtv.com/india-news/kathua-rape-case-trial-will-be-transferred-to-pathankot-says-supreme-court-rules-out-cbi-inquiry-1848365 >.) Sukla On 7 May 2018 at 16:13, Sukla Sen <[email protected]> wrote: > > [Voice of the victim's family, facing serious threats, has not been > quashed! > > <<The case involving the horrific gangrape and murder of an 8-year-old in > Jammu and Kashmir's Kathua will be heard by a court in Pathankot, the > Supreme Court said today. The transfer demand came from the child's family > after their advocate faced huge obstruction from lawyers at a Jammu court > during the filing of the chargesheet. > The top court, however, ruled out a probe by the Central Bureau of > Investigation -- which was a demand by the lawyers from Jammu. The brutal > assault and murder of the child, belonging to a nomadic Muslim community, > had triggered nationwide shock and outrage.>>] > > https://www.ndtv.com/india-news/kathua-rape-case-trial- > will-be-transferred-to-pathankot-says-supreme-court- > rules-out-cbi-inquiry-1848365 > > Kathua Trial To Be Moved To Pathankot, Top Court Rules Out CBI Probe > Kathua gang-rape case: Supreme Court has transferred the case to > Pathankot. There will be no CBI probe > > All India | Edited by Debanish Achom | > > Updated: May 07, 2018 15:45 IST > > NEW DELHI: > > The case involving the horrific gangrape and murder of an 8-year-old in > Jammu and Kashmir's Kathua will be heard by a court in Pathankot, the > Supreme Court said today. The transfer demand came from the child's family > after their advocate faced huge obstruction from lawyers at a Jammu court > during the filing of the chargesheet. > > The top court, however, ruled out a probe by the Central Bureau of > Investigation -- which was a demand by the lawyers from Jammu. The brutal > assault and murder of the child, belonging to a nomadic Muslim community, > had triggered nationwide shock and outrage. > > -- > Peace Is Doable > > > -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
