Kathua rape accused against case transfer; victim's dad hails move; updates

Kathua rape case: CJI-led bench orders trial to be held in-camera, as per provisions of Ranbir Penal Code, applicable in J&K

The Supreme Court on Monday ordered that the trial in the sensational gangrape and murder of an eight-year-old girl in Kathua be shifted out of Jammu and Kashmir to neighbouring Punjab, holding fair trial was "sacrosant" and cannot be allowed to "co-exist" with fear. The court said an in-camera trial was being ordered to ensure that witnesses feel protected and the accused feel safe. The top court said it would monitor the case and its trial from time to time and posted the matter for next hearing on July 9.

"Fair trial is sacrosanct principle under Article 21 (right to life) of the Constitution," the Supreme Court observed in the order transferring the case to Pathankot, which is 25 km away from Kathua across the border with Punjab.

The bench said the Pathankot District and Sessions judge would hold the trial while the Jammu and Kashmir government was allowed to appoint public prosecutor.

The apex court said the trial would be conducted according to the provisions of the Ranbir Penal Code, a criminal code applicable in Jammu and Kashmir.

The state government was also asked to provide security to the victim's family, their lawyer and witnesses.

The decision to transfer the trial from Kathua came after a plea from the victim's father.

The minor girl from nomadic goatherds went missing on January 10 when she was grazing horses close to her home in Rasana village near Kathua in the Jammu region. Her raped body was found in the same area a week later.

The Crime Branch of Jammu and Kashmir Police, which investigated the case and has already filed charges, said eight people were involved in the crime. The accused include two policemen, a juvenile and a former Indian Revenue Service officer.

Lawyer-activist Deepika Singh Rajawat, who pleaded for the victim's father, said the family of the minor was being threatened.

Rajawat also alleged that members of the Jammu Bar Association had threatened her, asking her not to appear in the case. The association denied the allegation.

Two of the accused had filed a separate plea, seeking the trial in the case to be held in Jammu and the probe handed over to the CBI. But the top court refused to examine the plea for handing over the investigation to the CBI.

Chief Justice Misra said the probe has been done, charges already filed by the Crime Branch on April 9 but was always open for supplementary investigation, "if required".

Jammu and Kashmir Chief Minister Mehbooba Mufti welcomed the Supreme Court's refusal to transfer the case to the CBI.

Top 10 developments on Kathua rape and murder case:

1. Accused in Kathua rape case oppose shifting of trial: The accused in sensational Kathua gangrape case on Monday opposed in the Supreme Court the transfer of trial outside this town of Jammu and Kashmir, saying free and fair trial may be affected.

The accused said if the trial at all needed to be shifted outside Kathua, then it should be done within the Jammu district, a prayer which was opposed by the victim's father.

During the hearing, several places in the state, including Ramban, were discussed where the trial could be shifted, before Pathankot was finally approved.

2. Kathua rape-murder trial shifted to Pathankot:  The Supreme Court on Monday vacated the stay on the trial of the Kathua gangrape and murder case and transferred it outside Jammu and Kashmir to Pathankot in Punjab.

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 a day-to-day basis to avoid any delay.
 

The top court also said the trial would be in accordance with the provisions of Ranbir Penal Code, applicable in Jammu and Kashmir. The apex court said the trial must be fair to the accused as well as the victim's family.

It also ordered the continuation of security to the family members of the victim, family friends and lawyer representing them and directed translation of statements and records of the case from Urdu to English and also.



3. Kathua victim's father welcomes SC decision on trial: The father of an eight-year-old girl welcomed the Supreme Court decision to transfer the case to Pathankot and said he has full faith in the judiciary.

The grieving father, belonging to a minority nomadic community which earns its livelihood by raising cattle, also said he has full faith in the government.

We only want justice and have full faith in the judiciary and the government, the father told PTI over the phone from Ramban district where he is camping along with other members of his family.

"We don't favour a CBI probe either. We do not know CBI and our only desire is that justice is done...," he said.

The community is moving on foot to the higher reaches of Kashmir in search of greener pastures and has set up temporary shelter in Ramban along the Jammu-Srinagar national highway due to inclement weather.

ALSO: 'Sound' probe done in Kathua case, further probe on: J&K to SC

Members of Jammu West Assembly Movement take part in a 'Tiranga' rally demanding CBI probe into Kathua rape case, in Jammu. (Photo: PTI)

4. Mufti lauds SC for ruling out CBI probe: Jammu and Kashmir Chief Minister Mehbooba Mufti on Monday lauded the Supreme Court's decision to rule out a CBI inquiry in the Kathua gangrape and murder case and said it was a big morale booster for the state police.

Meanwhile, Punjab Chief Minister Amarinder Singh expressed confidence in his state's ability to provide adequate security, saying, "Security is the main concern, we have adequate security in Pathankot."


5. CJM court fixes May 22 as next date of hearing: A CJM court set May 22 as date for the hearing in Kathua rape and murder case of an eight0year-old girl. Chief Judicial Magistrate (CJM) A S Langeh fixed the hearing for May 22. The CJM court had dismissed the bail plea of the accused juvenile.

The counsel for the accused had moved the court for his bail soon after the crime branch had filed its charge sheet against him and seven others allegedly involved in the rape and murder case. The juvenile accused had sought the bail on the ground of his age.

6. JKNPP lashes out at BJP over Kathua case: The Jammu and Kashmir National Panthers Party (JKNPP) accused the BJP of adopting double standard on the Kathua case, and said the party was making "contradictory and incongruous" statements to weaken people's movement for a fair probe into the case. The JKNPP demanded CBI investigation into the incident and said many skeletons would tumble out of the cupboard once the probe was transferred to the central agency.

7. BJP minister's cavalcade stoned in Jammu: Angry protesters demanding a CBI probe into Kathua rape and murder on Saturday stoned BJP Minister Sham Lal Choudhary's cavalcade on Jammu-Pathankot highway. The protesters tried to block the highway when the state Minister's cavalcade was passing and did not stop, the angry protesters pelted stones at the cavalcade.

8. J&K deputy chief minister terms Kathua issue 'petty': "Kathua maamla ek chota sa maamla hai. Isko itna tool nahi dena chahiye (Kathua incident is a small incident which should not be given so much importance)," Gupta had said barely hours after taking oath as J&K deputy chief minister Kavinder Gupta.

"We have to think that this should never happen again, and the child gets justice. There are many challenges like this facing the government. We should not give this incident so much importance," Gupta added.

J&K deputy CM issues clarification: Receiving backlash over his statement, Gupta issued a clarification saying that he meant that the case was sub-judice. "Continuously debating on the issue is not right. Giving this matter weight is not a good thing. I said that there are a lot of issues like this," he said. "BJP leader and newly appointed Jammu and Kashmir Deputy Chief Minister is making a mockery of the brutality in the Kathua rape-murder case. He has described it as a minor incident. Now, it is proved that the BJP's 'Beti Bachao' was not a slogan but a warning," Congress spokesperson Randeep Singh Surjewala said in a tweet.

9. HC raps Modi govt for thoughtless passage of death for child rapist ordinance: The Delhi High Court on Monday questioned why the ordinance on amending the Protection of Children from Sexual Offences (Pocso) Act, to provide for death penalty for raping a child up to 12 years old, was cleared without conducting any research on the issue. Asking if any study or research was conducted while clearing the ordinance on Pocso, the court observed that it seemed to come after people started demanding strict punishment against rapists of minors. It said the ordinance is also silent on granting welfare to rape victims and does not deal with issues related to educating and sensitising youth and juveniles on sexual offences against women, especially minors.

10. Death penalty to child rapists: President Ram Nath Kovind last month promulgated an ordinance to pave way for providing stringent punishment, including death penalty, for those convicted of raping minors below the age of 12 years. The Union Cabinet on Saturday approved the ordinance to allow courts to award death penalty to those convicted of raping minors under 12 years.

The eight-year-old from a minority nomadic community had disappeared from near her home in a village near Kathua in Jammu region on January 10. Her body was found in the same area a week later. The state police's Crime Branch, which probed the case, filed a main chargesheet against seven persons and a separate chargesheet against a juvenile in a court in Kathua district last week. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.

With agency inputs