SC stays trial of Kathua case to ensure petition of victim’s father does not become infructuous: J&K Advocate General

Srinagar: As the Supreme Court stayed trial of Kathua case on Friday on a petition filed by the father of the victim for transfer of the case from Kathua to Chandigarh, the Advocate General Jammu and Kashmir Government Jehangir Iqbal Ganaie said that Supreme Court has stayed the trial for the want of arguments and Crime Branch of Jammu and Kashmir Police investigating the case has not been barred from filing the charge sheet Saturday this week when the case is listed for hearing.

Talking to Kashmir News Service (KNS) in response to media reports about Supreme Court staying the trial of Kathua rape and murder case, the Advocate General Jammu and Kashmir government Jehangir Iqbal Ganaie said “Hon’ble Supreme Court has stayed the trial of the court for the want of arguments. The arguments are inconclusive and 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 Hon’ble Supreme Court but there is no legal bar on Crime Branch of Jammu and Kashmir Police to file a supplementary charge sheet against the accused before the trial court.”
Clarifying the government stand on the plea seeking transfer of Kathua rape and murder case from trial court to Chandigarh, the Advocate General Jehangir Iqbal Ganaie said “the Jammu and Kashmir government has in its objections put the factual position before the Hon’ble Supreme Court by placing on record the affidavit of Jammu and Kashmir High Court which says that lawyers in Jammu and Kathua had blocked the filing of charge sheet. The case regarding the report about the conduct of Jammu and Kathua lawyers by the Bar Council of India will come up for hearing in the month of July this year. The Government of Jammu and Kashmir on its part has pleaded that since lawyers in Kathua and Jammu have resorted to intimidation the case may not be shifted to any place outside Jammu and Kashmir including Chandigarh but may be shifted to any place suitable for the fair trial of the case.”
It is in place to mention here that Crime Branch of Jammu and Kashmir Police after receiving a medical report from Delhi forensic laboratory confirming the involvement of accused in the rape and murder of the Kathua minor girl had said that it will file a supplementary charge sheet before the trial court. (KNS)