Kathua case: SC shifts trial to Pathankot

The trial in the brutal Kathua gang-rape and murder case will now be held at the District and Sessions Court, Pathankot in Punjab after the Supreme Court on Monday ordered shifting the sensitive case out of Jammu & Kashmir to ensure free and speedy trial.

Ordering the transfer of the case to Pathankot, a Bench of Chief Justice Dipak Misra, and Justices DY Chandrachud and Indu Malhotra directed the trial be held in-camera and on a day-to-day basis without adjournment.

The Bench also directed providing adequate security to the witnesses, victim’s family and counsel and said the trial will be held in accordance with the provisions of Ranbir Penal Code, which is applicable in Jammu and Kashmir. It also allowed the J&K government to appoint public prosecutor to conduct prosecution of accused in the trial at Pathankot. 

The court also refused to look into the plea of transferring the investigation to the CBI, made by two prime accused in the case – Sanji Ram and Vishal Jangotra. The duo had opposed the shifting of the trial and contended they were framed by the state police.

The bench on 27 April had stayed the trial conducted at the Session Court in Kathua.

Fixing July 9 as the next date of hearing, the Bench said it will monitor the trial.

TheBench passed the order in a petition filed by the victim’s father seeking the trial be conducted outside Jammu and Kashmir after some lawyers allegedly obstructed court proceedings and threatened the advocate representing the family.

The eight-year-old victim belonging to the nomadic Bakarwal community was abducted, drugged and gangraped for days before being killed and mutilated in January. As per the charge sheet filed by the J&K Police, the girl was first strangulated and her head hit twice with a stone. 

The father had approached the apex court after a section of lawyers allegedly prevented Crime Branch officers from submitting the chargesheet in the case. The victim family’s counsel Deepika Rajawat had also expressed apprehensions, including getting killed or raped.

However, the allegations of obstruction in filing the charge-sheet and those made by Rajawat were refuted by the Bar Council of India (BCI) which probed the matter and submitted a report to the Supreme Court bench.

Giving a clean chit to the Jammu lawyers, the BCI probe panel headed by former Allahabad High Court judge Tarun Agarwala, blamed the media for misreporting the incident and dismissed allegations of threats to Rajawat.

The petitioner had contended that Rajawat has been constantly under threat since she took the case.

“The severity of the threat reached an extent where even the family members of Deepika, including her five-year-old daughter are under attack by the supporters of the accused,” the petitioner had said seeking transfer of the trial and adequate security for the victim’s family and their counsel.

Rajawat herself had expressed apprehension of getting raped or killed.