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Kathua rape-murder: "If we find slightest issue in respect of fair…"

28 April 2018, 10:32 | Myrtle Vega

Death penalty for child rape Cabinet to bring new law

Death penalty for child rape Cabinet to bring new law

The family of the minor moved to Supreme Court requesting to transfer the case out of the Jammu and Kashmir in Chandigarh amid of threats and security.

The top court had earlier pulled up Jammu lawyers for obstructing the filing of charge sheet in the case even as they claimed they were protesting on a different issue.

The bench also comprising Justices A M Khanwilkar and D Y Chandrachud said the trial should be fair not only for the accused but also for the victim's family and the protection to them and their lawyers should be ensured.

Instead the CJI said that the court would focus on ensuring a fair trial for both the accused and the victim.

They had also demanded that the Kathua rape and murder case be investigated by the Central Bureau of Investigation (CBI). The two of the accused strongly opposed the plea for transfer of the trail from Jammu court to Chandigarh court in the Supreme Court on Wednesday.

Meanwhile, Chandan Sharma, the lawyer of two of the accused-Sanji Ram and Vishal Jangotra - told the court that the investigation must be fair, transparent and judicious as it is the minimum requirement of the rule of law.

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The committee constituted by the Bar Council of India was headed by a former Chief Justice of the Allahabad High Court which held detailed interaction with the Lawyers of J&K High Court Bar Association, District Bar Association, Kathua, Civil Society Groups, Counsel of the Complainant and all the stake holders.

"A motivated and malicious campaign by some national media channels created an erroneous impression about the motives of the bandh call in Jammu by projecting the legal fraternity and also the people supporting bandh as pro-rapists which is factually incorrect and misleading as such denied", it added.

Besides, the association also denied claims of having obstructed the Police from filing the chargesheet in the matter before the magistrate.

"Let us not get into what the Bar Council says". The affidavit further highlights the fact that after the Supreme Court took up the case, the bar association resumed work.

The Greater Pir-Panchal Lawyers forum has rejected BCI's report on the role and conduct of executives of Jammu and Kathua Bar Associations.

The mutilated body of the Bakerwal girl was recovered from a forest in Kathua on January 17, a week after she went missing. The bench said that any fault by lawyers will be dealt separately. A week later, her raped and mutilated body was found in Kathua.



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