Our "real concern" is fair trial is conducted in Kathua case: SC

BJP ideology believes in raping Muslim women

Considering the issues of lawyers' alleged obstruction, the apex court said if the lawyers are at fault, they would be dealt in accordance with the law, and posted the matter for July 30. CJI assured the victims that while transferring probe to another agency, courts are circumspect and will only do so if there is delay in filing charge sheet or any manifest error in the conduct of probe, both which have not been made out in the case so far. These submissions, the association said, had been placed before the committee constituted by the Bar Council of India (BCI) after the nation-wide condemnation of lawyers of the state for their alleged actions.

A local court rejected bail plea of the juvenile accused in Kathua rape and murder case.

The panel, while claiming that media had "misrepresented" the reports, said the demand of Jammu & Kashmir High Court Bar Association, Jammu, and Kathua District Bar Association for a CBI probe in the matter "appears to be justified".

It said a fair and impartial probe was done in the case, and even the policemen, who had allegedly committed the offences, were arrested and named in a charge sheet.

He said: "Let the main issue not be missed". The accused added that Article 21 of the Constitution guarantees fair investigation as well as trial to the accused. "The real issue is that how can we achieve justice", it added.

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"Courts have to consider the convenience of the accused, prosecution witness and larger interest of the society". "Let us not get into what the Bar Council says", The CJI observed. It said that even in cases where the rape victims were alive and were either minors or of unsound mind, their identities should not be revealed as they have the right to privacy and they can not live under such a "stigma" throughout their life.

The BCI also said the bar associations had neither obstructed the Crime Branch from filing the charge-sheet in the case nor the advocate representing the victim's family.

The Supreme Court on Thursday indicated that Kathua rape and murder case trial will be shifted out of Jammu and Kashmir at the "slightest possibility" of lack of a fair trial as the primary concern to ensure a fair trial.

"Our first and constitutional concern is to ensure fair trial, protect the lawyer for the victims and, if necessary, transfer the case", said Chief Justice of India Dipak Misra, who headed a bench that would hear an appeal tomorrow to transfer the case, filed by the child's family. The eight-year-old's father had moved the apex court earlier, apprehending a threat to the family, a friend and their lawyer Deepika Singh Rajawat.

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