Details

Written by: Kashmir News Bureau

Created: 07 May 2018

NEW DELHI: The Supreme Court on Monday transferred the trial in the Kathua rape and murder case to Pathankot district in Punjab. A Special Bench of Chief Justice Dipak Misra, Justices D.Y. Chandrachud and Indu Malhotra transferred the case out of  Jammu and Kashmir with consensus from the victim's family, Jammu and Kashmir government and the accused. "Fair trial is sacrosanct principle under Article 21 (fundamental right to life) of the Constitution," the Supreme Court observed in the order.

 

Issuing a series of directions, the Supreme Court ordered that the trial should be held in-camera. This is to protect the witnesses and make the accused "feel safe". The court ordered the Pathankot District Judge to conduct the trial and not delegate it to another court. The trial shall be held under the provisions of the Ranbir Penal Code, which is applicable in Jammu and Kashmir. The Supreme Court said it would continue to monitor the trial, so no other court across the country has jurisdiction to entertain complaints or appeals from the Pathankot District Judge's orders.

 

The apex court ordered a fast-track trial on a day to day basis with no adjournments. Chief and cross examinations of a witness should be done without break and there would be no adjournments, it said. There are a total of 221 witnesses in the case. Meanwhile, JK State Commission for Women welcomes the decision of honorable Supreme Court, rejecting transfer of case to CBI and accepting the demand of victim’s family to have proceedings out of Kathua.  We are fighting now to have time bound trial so that justice is done without delay. Today's decision has restored some faith in judiciary which is the last hope of justice for this little girl.