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BCI defends CBI probe demand, refutes obstructions by lawyers
27 April 2018, 12:43 | Simon Arnold
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It said that during the hearing before the top court, the petitioner's counsel had reposed faith in the comprehensive probe carried out in the case by a special investigation team of the Crime Branch of Jammu and Kashmir Police.
On April 13, a bench of Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud had taken cognizance of the Kathua lawyer's protest.
"The real concern of this court is to see that a fair trial is conducted and "fair trial" means fair to the accused as well as to the victims".
The trial ought to be fair not only for the accused but for the victim's family and protection needs to be ensured to them and their lawyers.
Earlier, the father of the eight-year-old minor moved the apex court, apprehending a threat to the family, a friend and their lawyer Deepika Singh Rajawat.
The Jammu and Kashmir High Court today issued notices to the state government and the CBI, asking them to file objections to the plea of a sub-inspector and a special police officer seeking a probe by the agency into the Kathuarape and murder case. Let's not digress. It is through the Bar that a fair trial can be achieved.
The bench said the issue whether lawyers had allegedly created obstructions would be dealt with by it separately as it would take up the case of victim first and posted the matter for hearing on July 30.
The trial should be fair for the victim's family and for the accused, the bench added.
The bench was hearing the pleas filed after the gangrape and murder case of a paramedical student on December 16, 2012 raising concerns over safety and security of women.
However, the Bar Council of India on Thursday said the lawyers' body in the district had neither obstructed the Crime Branch from filing the charge sheet nor the advocate representing the victim's family.
Sanji Ram, the alleged mastermind and his son Vishal Jangotra filed an intervention petition Wednesday in the apex court seeking the case be handed over to the CBI for reinvestigation. Rallies were held in support of the accused and lawyers at a Jammu court had objected to the filing of the chargesheet in the case.
The Kathua gangrape and murder case has attracted worldwide attention, especially after the Jammu and Kashmir Police's Crime Branch filed a chargesheet detailing the gory crime. The father of the eight-year victim girl had sought shifting of the case to ensure free and free trial.
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