No possibility of the transfer of Kathua case to outside JK after filing of charge sheets: Legal experts

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By Fast Kashmir on 28/04/2018.

No possibility of the transfer of Kathua case to outside JK after filing of charge sheets: Legal experts

 

‘Affidavit of JK HC, report of District Judge Kathua likely to be taken more serious than BCI report’


Srinagar, Apr 28: Legal experts in Jammu and Kashmir have said that the affidavit of Jammu and Kashmir High Court and the report of district and sessions judge Kathua will be taken more serious than the controversial report of the Bar Council of India. The legal experts also said that apparently there is no possibility of the transfer of the Kathua rape and murder case to Central Bureau of Investigation (CBI) as the investigative agency Crime Branch of Jammu and Kashmir police has already produced charge sheet before the trial court.
Talking to Kashmir News Service (KNS), senior advocate of Jammu and Kashmir High Court and leading constitutional expert of the state, Zaffar Ahmad Shah said “the affidavit of the Jammu and Kashmir High Court and the report of district and session judge Kathua in the eyes of law is most likely to be taken more serious than the controversial and contradictory report of the Bar Council of India. The Bar Council of India is just a group of lawyers but the Jammu and Kashmir High Court is the apex court in the state and district and sessions judge Kathua is the presiding officer of the trial court. As far as the shifting of case to any place outside Jammu and Kashmir is concerned I personally believe it would be in the interests of justice to shift the trial court from Kathua to Ramban the neutral place between Srinagar and Jammu.”
When contacted another senior advocate of Jammu and Kashmir High Court Zaffar Ahmad Qureshi told Kashmir News Service (KNS) “the report of the Bar Council of India is full of contradictions and blunt lies and I believe the Supreme Court of India won’t take the report of Bar Council of India more serious than the affidavit of the Jammu and Kashmir High Court and the report of the District and Sessions judge Kathua. The five member team of the Bar Council of India has deviated from the points of reference given to it by the Supreme Court and has supported the demand for CBI enquiry. Instead of protesting and blocking the filing of charge sheet the lawyers could have filed a suit before the Jammu and Kashmir High Court as the lawyers in Kashmir had done in the case of 2006 sex scandal and 2010 murder mystery of two Shopian women Asia and Nelofer. As far as the issue of transfer of the case to any place outside Jammu and Kashmir is concerned I don’t think it will be in the interests of justice to shift the trial of the case to any court outside Jammu and Kashmir including Chandigarh. We have a bitter experience of the 2006 sex scandal case the trial of which was transferred to Chandigarh Court where all accused got the acquittal. It would be in the interests of Justice if the case is transferred to any place in Jammu region excepting Kathua and Jammu.” (KNS)

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