Three witnesses in the Kathua Rape have filed a writ petition in Supreme Court alleging torture by Jammu & Kashmir police while recording their statements..The matter was mentioned today before Chief Justice of India Dipak Misra by Advocates Ravi Sharma and Laksh Khanna. Chief Justice Misra has agreed to list the matter on Wednesday this week.The petitioners, who are classmates of one of the accused persons, Vishal Jangotra, were summoned as witnesses by the police. It is their contention that they were “coerced to make statement contrary to the fact that Vishal Jangotra was with them at Miranpur, Muzzafar Nagar, Uttar Pradesh from January 7, 2018 to February 10, 2018.”“During that period, he along with petitioners attended examinations and practical papers.” The petitioners have alleged that they were subjected to physical and mental torture from March 19, 2018 to March 31, 2018 by J&K Police. It is their contention that they were abused, humiliated and beaten mercilessly for admitting something contrary to the truth and facts.Despite the torture and mental trauma, the petitioners gave true statement before the learned Magistrate Jammu under Section 164A of the J&K Criminal Procedure Code.Even after 164A statements were recorded, repeated summons are being issued to the petitioners.The petition states that the petitioners are ready to co-operate with the investigation anytime, however, they should be assured of their safety.Citing the importance of witness protection, the petitioners have urged that their safety be ensured and have prayed that any recording of their statements by police should be video recorded.Earlier this month, the Supreme Court had transferred the trial of the Kathua rape and murder case outside of Jammu & Kashmir to the district and sessions court of Pathankot, Punjab.The Court had also ordered for an in-camera trial to be held on a day-to-day basis without adjournment stating that a fair trial demands speedy trial.
Three witnesses in the Kathua Rape have filed a writ petition in Supreme Court alleging torture by Jammu & Kashmir police while recording their statements..The matter was mentioned today before Chief Justice of India Dipak Misra by Advocates Ravi Sharma and Laksh Khanna. Chief Justice Misra has agreed to list the matter on Wednesday this week.The petitioners, who are classmates of one of the accused persons, Vishal Jangotra, were summoned as witnesses by the police. It is their contention that they were “coerced to make statement contrary to the fact that Vishal Jangotra was with them at Miranpur, Muzzafar Nagar, Uttar Pradesh from January 7, 2018 to February 10, 2018.”“During that period, he along with petitioners attended examinations and practical papers.” The petitioners have alleged that they were subjected to physical and mental torture from March 19, 2018 to March 31, 2018 by J&K Police. It is their contention that they were abused, humiliated and beaten mercilessly for admitting something contrary to the truth and facts.Despite the torture and mental trauma, the petitioners gave true statement before the learned Magistrate Jammu under Section 164A of the J&K Criminal Procedure Code.Even after 164A statements were recorded, repeated summons are being issued to the petitioners.The petition states that the petitioners are ready to co-operate with the investigation anytime, however, they should be assured of their safety.Citing the importance of witness protection, the petitioners have urged that their safety be ensured and have prayed that any recording of their statements by police should be video recorded.Earlier this month, the Supreme Court had transferred the trial of the Kathua rape and murder case outside of Jammu & Kashmir to the district and sessions court of Pathankot, Punjab.The Court had also ordered for an in-camera trial to be held on a day-to-day basis without adjournment stating that a fair trial demands speedy trial.
