Stressing on the need to ensure a fair and impartial trial in the brutal gang-rape and murder case of Kathua, the Supreme Court today ordered that the trial be transferred to Punjab’s Pathankot district for speedy disposal.
A three-judge bench comprising of Chief Justice Dipak Misra and Justices DY Chandrachud and Indu Malhotra ruled that free and fair trial is a fundamental right under Article 21 of the Constitution, and consequent to this it is necessary to shift the case outside Kashmir to ensure justice is served.
The victim’s father in this case had approached the Apex Court through his lawyer Deepika Singh Rajawat seeking a change in the trail venue, which was also sought by the accused persons. Both sides had argued that they require protection and access to an impartial and free trial under the case, and that necessitated a change in venue. The State of Jammu and Kashmir had supported the victim’s stance before the court.
Before finalizing Pathankot, both sides had been offered Ramban, Udhampur, Jammu and Sambha as possible options. While the victim’s father rejected all places except Ramban, the accused persons opposed it and agreed to the others, forcing the court to choose another place outside the state.
The court ordered the District and Sessions Judge of Pathankot to personally preside over the trial and it fixed the next date of hearing as July 9. The trial will be held on daily basis and in-camera, ordered the bench.
Two of the accused persons had also filed a plea seeking a CBI investigation in the case. Rejecting this request, the court said there is no need for another agency to step in when J&K police has also investigated all facts and submitted its chargesheet.