Apprehensions being casted about the legal process in Kathua case

Rameez Makhdoomi
Srinagar, April 27 (KNB): Apprehensions are being cast on legal process in Kathua heinous rape and murder case and same are getting louder following the Supreme Court today stayed till May 7 the trial in case, after it was seized with petitions seeking shifting of the trial to Chandigarh and handing over the investigation to the CBI. Earlier in an important development with reference to the case, the Supreme Court on Thursday said it would shift the Kathua gang rape and murder trial out of Jammu and Kashmir at the slightest possibility of a fair trial not taking place.
Inam Un Nabi, Kashmir based Political analyst stated “The brutal murder and rape of Kathua child has shaken entire world but we are bamboozled that some extremist voices are sabotaging the justice process by invoking religion and victim card methodology into it. The recent directions of Supreme Court are not optimistic and PDP, the ruling party is to be blamed as it could have brought caveat in this regard, but being overdosed in half celebrations it did not care to plead before Supreme Court. The hints of CBI probe don’t augur well and the perfect enquiry done by Crime Branch should not be doubted. If delays continue to happen in probe or the investigation is shifted to CBI or any other agency it would be for sure seen murder of justice and people will forever lose faith in judiciary.



Legal personalities are also expressing same fears. Advocate Shafqat Nazir, practicing at High court of J&K, while talking to The Kashmir News Bureau states- The genuine apprehension now creeping in many sane quarters is that a plot is on to sabotage the case of brutal Kathua rape and murder of eight-year-old child. All the provision in legal codes governing the state of Jammu and Kashmir can call for further investigation from same agency if there are any loopholes in initial investigation and shifting the Case to CBI would be tantamount to murder of justice. Secondly even if for the sake of argument one agrees that CBI is truthful agency but to its disadvantage, it can’t do justice as the evidences and witnesses available in January will not be available to it now. Plus the faith of Kashmir towards CBI already stands shaken after its failure in Shopian double rape and murder.”



Pertinently, a bench headed by Chief Justice Dipak Misra said its real concern was to see to it that a fair trial was conducted and it was fair to the victim’s family and the accused. A Bar Council of India (BCI) Committee filed a report in a sealed cover before the bench and supported the demand of the High Court Bar Association at Jammu and the Kathua District Court Bar Association for a CBI probe into the case. (KNB)