Kathua rape and murder case: Supreme Court transfers trial to Pathankot, rules out CBI probe

A bench headed by Chief Justice Dipak Misra directed that the trial in the case should be held in-camera and ordered that the trial be fast-tracked and conducted on day-to-day basis to avoid delays.

Published: 07th May 2018 03:51 PM  |   Last Updated: 07th May 2018 05:39 PM   |  A+A-

Kathua rape victim's lawyer Deepika Singh Rajawat shows victory sign after Supreme Court directed fast-track trial and transfer of the Kathua gang-rape and murder case to Pathankot in New Delhi on Monday. | PTI

By Express News Service

NEW DELHI: The Supreme Court on Monday transferred the Kathua rape and murder case trial to Pathankot in Punjab while ordering a day-to-day trial to be held in front of the camera.

While opposing the transfer, The Jammu and Kashmir government had submitted to the apex court that it was ready for a fair trial within the state.

The court ruled out any CBI inquiry into the case for now.

However, a bench headed by Chief Justice Dipak Misra accepted the plea by the victim's father and transferred the case out of Kathua and said, “Free and fair cannot be allowed to exist together.”

The court also allowed J-K government to appoint a public prosecutor against the accused during the trial at Pathankot.

The trial will be carried out in accordance with the provisions of Ranbir Penal Code, which is applicable in Jammu and Kashmir.

The state was also asked to provide security to victim's family, their lawyer and witnesses, while the translation of statements and records will be done from Urdu to English.

"The security provided to the juvenile accused will continue," a bench, which also comprised Justices D Y Chandrachud and Indu Malhotra, said and posted the matter for further hearing in July when the apex court reopens after the summer vacation.

The Pathankot District and Sessions Judge been asked to personally undertake trial proceedings.

The court will monitor the trial and slated the hearing for July 9. It clear that today's hearing was confined to the issue of shifting the trial of the case out of J-K.

The victim, an eight-year-old girl from a minority nomadic community, had disappeared from near her home in a village near Kathua in the Jammu region on January 10. Her body was found in the same area a week later.

The apex court had earlier given a stern warning and said it would transfer the case from the local court in the "slightest possibility" of lack of fair trial, saying the "real concern" was to hold proper prosecution.

The girl's father had moved the apex court earlier, apprehending threat to the family, a friend and their lawyer Deepika Singh Rajawat. A separate plea was also filed by two accused seeking that the trial in the case is held in Jammu and the probe handed over to the CBI.

The state police's Crime Branch, which probed the case, filed the main charge sheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua district last week.

(With Inputs from PTI)

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments(2)

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

  • Mohd Shakoor khan

    NYC loyer sab
    1 year ago reply
  • chellam

    Why do rapists and murderers die for CBI? We are a sick polity.
    1 year ago reply
flipboard facebook twitter whatsapp