Kathua trial will be shifted if justice is obstructed: Supreme Court

New Delhi: 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.

Chief Justice of India Dipak Misra, sitting with Justices A.M. Kanwilkar and D.Y. Chandrachud, made it clear to senior counsel Indira Jaising appearing for the father of eight-year old victim girl that the court did not want to divert its attention from the aspect of fair trial.

An inquiry into the conduct of lawyers of Kathua and Jammu may take the limelight away from the quest for justice for the victim. “Let us not get into what the Bar Council says,” The CJI observed. “If we do, the victim goes away from our attention.

Our first concern and our constitutional concern is to ensure fair trial and procedure to provide protection to the victim’s lawyer so there is no obstruction to justice and finally to transfer the case, if found necessary.” Ms. Jaising urged the court to fast track the trial which should be monitored by this court.

Earlier, counsel for Bar Council of India which sent a fact-finding team to Kathua in its confidential report submitted that lawyers’ protests demanding a CBI probe into the rape and murder incident is justified. Advocate P.V. Dinesh on whose instance the court took suo motu cognisance of incident took objection to the report, which has missed a crucial issue whether a section of lawyers had obstructed filing of charge sheet.

Two of the accused in case have opposed in the Supreme Court the plea for transfer of the trial from Kathua court to a court in Chandigarh. The father of the eight-year victim girl had sought shifting of the case to ensure free and free trial.