SC stay on proceedings of Trial Court to ensure petition by victim’s father is not rendered in-fructuous: AG

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By Fast Kashmir on 28/04/2018.

‘Crime Branch not barred from filing supplementary charge-sheet’


Jammu, April 27: Advocate General, Jammu and Kashmir Government Jehangir Iqbal Ganai today made it clear that the Supreme Court has stayed the trial in Kathua case to ensure that the petition filed by the victim’s father for transfer of the case is not rendered in-fructuous.

“The Crime Branch of Jammu and Kashmir Police investigating the case has not been barred from filing the charge-sheet,” the Advocate General said while responding to the Apex Court stay on the trial of Kathua case while adjudicating a petition filed by the father of the victim for transfer of the case from Kathua to Chandigarh.

He said the accused have been granted the opportunity to file objections till May 07 when the case is listed for next hearing. “The trial Court in Kathua can’t proceed ahead with the trial till further orders from Supreme Court but there is no legal bar on Crime Branch to file a supplementary charge-sheet against the accused before the trial court,” Ganai said.

Clarifying on the state government’s stand on the plea seeking transfer of Kathua case from trial court to Chandigarh, the Advocate General said the Jammu and Kashmir government has in its objections put the factual position before the Supreme Court by placing on record the affidavit filed in the Jammu and Kashmir High Court which states that lawyers had blocked filing of charge-sheet.

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