Supreme Court to Examine IPC Section Which Prevents Disclosing Rape Victims's Identity

Lucy Bush
April 27, 2018

Appearing for the father of the eight-year-old girl who was gangraped and murdered in Kathua in January, Advocate Indira Jaising had last week said the trial in the case should be transferred to Chandigarh as "the atmosphere" in Kathua "is highly polarised" and hence "a fair trial will not be possible" there.

"The intervention petition was filed before apex court, in addition to petition filed by father of Kathua victim requesting to transfer the trial outside Jammu and Kashmir, citing lack of safety and security for his family". Jaising, without directly referring to the Kathua incident, said in a recent case, the victim had died which had led to demand for justice not only in India but also globally.

The duo had moved the High Court seeking a fresh CBI probe into the matter and quashing of the investigation by the crime branch.

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"Instead of getting into what the BCI report says and the lawyers say, let us not digress from the real issue".

"The allegations pertaining to the support by government officials to the accused Sanjhi Ram, merely because he was a retired revenue official, upon which the petitioner apprehends that the trial will not be conducted in a fair and transparent manner is false and is denied", the affidavit said.

On the issue of alleged obstruction by lawyers in the case, the bench said, "If the lawyers are at fault, they will be dealt with in accordance with the law". The father of the eight-year victim girl had sought shifting of the case to ensure free and free trial. 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.

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"Courts have to consider the convenience of the accused, prosecution witness and larger interest of the society". "As the charge sheet was filed in Kathua, and the alleged obstruction, if any, caused in filing the same can be better explained by the members of District Bar Association, Kathua", it said.

The state police's Crime Branch, which probed the case, has filed the main charge sheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua district. A week later, her body was found in the same area.

In an affidavit, filed in the apex court, the state said on April 9, though the police team had arrived in the Kathua Chief Judicial Magistrate court around 3.45 pm to file the chargesheet, they could not do so due to sloganeering by the lawyers.

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Other reports by Info About Network

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