Kathua Rape: Supreme Court Says Will Transfer Case if Any Lack of Fair Trial Found

The Supreme Court on Thursday said that the primary concern in the Kathua gangrape and murder case was to ensure a fair trial.

New Delhi, Apr 26: The Supreme Court on Thursday said that the primary concern in the Kathua gangrape and murder case was to ensure a fair trial. Taking suo motu cognizance of a writ petition filed against the members of Kathua and Jammu High Court Bar Associations regarding obstruction of filing of chargesheet, Chief Justice Dipak Misra said that if any lack of fair trial is found, the case will be transferred out of Kathua.

The bench, also comprising Justices AM Khanwilkar and DY 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.

During the hearing, the apex court said the real issue in the matter was to have a fair trial in the case. “We’re concerned about fair trial for both the parties. Let’s not digress,” CJI Misra said.

The bench also considered the issue of alleged obstruction by lawyers in administration of justice in the case and said,” if the lawyers are at fault, they would be dealt in accordance with law.

The apex court agreed to consider a plea of two accused in the case requesting that the probe be handed over to the CBI.

In January, an eight-year-old girl was abducted, sedated, gangraped and then murdered in Kathua district of Jammu and Kashmir. Her body was recovered from a forest on January 17, a week after she had gone missing while grazing horses in the forest area.