The Supreme Court today issued notice to the state of Jammu & Kashmir in a plea filed by the Kathua rape and murder victim’s father to transfer the trial outside the State..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud heard Senior Counsel Indira Jaising before issuing the order..The Court also directed that adequate security be provided to the victim’s family, lawyer Deepika S Rajawat and advocate Talib Hussain, who is assisting in the matter..Jaising told the Court that the petitioner’s only interest in the matter is to ensure that justice is secured for the victim..“There is a highly polarised atmosphere in Jammu. So fair trial is impossible. Hence, we have made the prayer to transfer the trial outside Jammu. We have asked for Chandigarh due to its proximity to Jammu, but it is upto Your Lordships”, said Jaising..Subsequently, Jaising raised the issue of safety of the counsel for the victim’s family..“She [Rajawat] had been receiving lot of threats. She was told to give up the case. She is here today but will go back to Jammu.”.Jaising also opposed the demands for a Central Bureau of Investigation (CBI), probe stating,.“There have been demands for CBI probe. We are satisfied with a state police probe. They have done a good job. All evidence is on record including DNA evidence. Then they are making this atrocious prayer. It is critical that justice is given to the child”, she said..The Court made it clear that it will not interfere with who is to investigate the case..“We will go by the concept of fair trial and victim protection. Normally, the police is the investigating agency unless there is some strong reason to hand over the probe to another agency. In the absence of the same, we don’t want to enter into who is to investigate the matter”, remarked CJI Dipak Misra..The State informed the Court that is already providing protection to the victim’s family..The Court then issued notice to the State on the issue of transfer of trial, while directing the State to provide protection to victim’s family, lawyer Deepika Rajawat and advocate Talib Hussain..The case will now be taken up on April 27..Read the order below. .Image of Talib Hussain and Deepika Rajawat from here
