SC Stays Kathua Rape Trial

Following the petition for transfer of the Kathua rape case from the Kathua trial court to a court in Chandigarh, the Supreme Court has stayed the trial of the case until May 7. The Bench comprising CJI Dipak Misra, Justices D Y Chandrachud and Indu Malhotra passed the Order on Friday. Indira Jaising, Senior Counsel appearing for the victim's family, argued that similar matters have been transferred to Chandigarh in the past. The accused in the case had appealed to the Supreme Court not to transfer the trial to a court outside Jammu and Kashmir.

The transfer petition was filed after the 'acrimonious scenes' – where some advocates, along with other supporters of the accused, tried to prevent the police from filing the chargesheet. The advocates had even gone to the extent of reprimanding the lawyer representing the victim's family, for taking up the case. The accused persons in the case have claimed that the investigation was tainted and have been demanding a CBI investigation.

What makes these assertions by the supporters of the accused laughable, is the fact that if the charges are indeed concocted, it will be revealed in the trial. By obstructing the legal process, not only do they display their disregard for the rule of law, but also that they are apprehensive of the trial. The Jammu and Kashmir Bar Association had refuted the allegations raised by Deepika Singh Rajawat, who is appearing on behalf of the victim's family. Through an affidavit filed before the Supreme Court in a separate matter, they claimed they never threatened her and that the bandh they had called was peacefully supported by the people of Jammu. However, the Supreme Court, in its Order, extended the police protection to the victim's family and their advocate, yesterday. Evidently, the Supreme Court believes that there is indeed a threat to their lives. The Court has listed the matter for May 7.