New Delhi: The Supreme Court has transferred the hearing of the case of gangrape and murder of a eight-year-old girl in Kathua, transferred to Pathankot outside the state but has refused to take the matter to CBI. While transferring the hearing of the case, the Supreme Court said, “Fair and Fear can not exist together”, and the Fair Trial also means Speedy Trial, so the trial ‘Day-to-Day’ I.e. will be daily, in which the hearing will not be avoided. According to the order of the Supreme Court, the trial of the case will be ‘in-camera’, and the Supreme Court will monitor the trial. According to the order of the Supreme Court, all statements will be translated into English and Trial Ranbir will run on the basis of PIN code.
The court also ordered the Jammu and Kashmir government to appoint special prosecutor for the case. The next hearing of the case will be on July 9, for which the state government has been ordered that he will take them to Pathankot and to bear their expenses for lodging the statements of witnesses. According to the order of the court, the accused should be treated the same way.
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The Jammu and Kashmir government opposes the issue of the case in the Supreme Court. The government said that the police have done a good job in this matter and they will give a fair trial to the victim. The government said that if this matter can be transferred to the state itself. The government gave four options to transfer the case to Kathua in the second part of the state, Jammu, Udham Singh Nagar, Ramban and Samba. On which one petitioner said that if the case is transferred in Ramban then he agrees. The Supreme Court said that we will ask the sessions judge that he himself will hear the matter.
The court said that the trial of the case should be fast track, take care of the safety of witnesses. At the same time, the demand of the accused was opposed by the petitioner. It was said that Jammu and Pathankot were the main places of performance. Therefore transfer the case to elsewhere. It was said on behalf of the accused that the petitioner deliberately wanted to hear the case where people from other communities were more. Therefore, the matter should not be transferred there. The Supreme Court said that the transfer of the case will be done only where the distance will be acceptable.
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In the Kathua Gangrepe case, the Supreme Court has heard the petition of the father of the father of the father of the father to transfer the trail of Kathua to Jammu. The accused Sanjilal and his son Vikas Jagrotra filed affidavits in the Supreme Court. In the affidavit that he is innocent, the Jammu Kashmir Crime Branch has framed him. In the affidavit demanding handing over the case to the CBI, it has been said that it is necessary for the catching of genuine criminals and justice to the victim.
The affidavit states that the case can not be transferred out of Jammu only on the basis of apprehension. In the secular democratic country where law is the rule, the right of fair-free trial is also of the accused. Trial is underway in Kathua, of which there are 221 witnesses, for whom it is not possible to go to Chandigarh, 265 kilometers away. No threat is given to the victim’s family. On the contrary, only people are threatening us. There are also evidence. ‘
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The petitioner said that the lawyer of the victim Deepika Rajawat is not a lawyer of the victim family in the trial court, therefore, the security of her and her partner Talib Hussain should be removed. Freedom, fair and transparent investigation is also necessary for the right to live apart from the trial. The investigation of the Jammu and Kashmir Police is not fair, discriminatory and motivated. DSP Irfan Wani is involved in a rape case against SIT. Inspector Nisar Khan is being sued for corruption. SIT messed up in the case diary, tortured the accused and witnesses. Sanjilal’s grandfather’s daughter is of the age of the grandfather, whereas the giant was studying in UP at that time. The accused said that they want fair treatment for themselves and justice for the victim.
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