"The Crime Branch of Jammu and Kashmir Police investigating the case has not been barred from filing the charge-sheet", the Advocate General said while responding to the Apex Court stay on the trial of Kathua case while adjudicating a petition filed by the father of the victim for transfer of the case from Kathua to Chandigarh.
A separate plea was also filed by two accused seeking that the trial in the case be held in Jammu and the probe handed over to the CBI. The BCI team, in fact, did not meet the Crime Branch team or consider the FIR filed by J&K Police in Kathua police station against the lawyers for "restraining" the Crime Branch from filing the chargesheet, "using criminal force upon the police" and "disallowing them from discharging their legitimate duties".
The CJI, who is leading a three-Judge Bench, made the remarks after a Bar Council of India (BCI) committee, led by former High Court Chief Justice Tarun Agarwala, filed a confidential report in the Supreme Court stating that lawyers' protests demanding a CBI enquiry into the case is "justified".
The government affidavit submitted to the Supreme Court a day ago also showed the report of the Principal District and Sessions Judge Kathua which clearly mentioned "40 to 45" lawyers as sloganeering against the CB officials who had entered the court premises to file the chargesheet. On January 17, her mutilated body was found, bearing the marks of gang rape.More news: Facebook nears deal for Zuckerberg to face European Parliament
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".
Another counsel submitted that the real culprit has to be caught. It said the Kathua lawyers had only raised slogans asking the Crime Branch to "go back" and let the CBI conduct a probe.
During the hearing, the apex court witnessed heated exchanges between senior advocate Indira Jaising, who appeared for the victim's family and advocate Harvinder Chaudhary, who was representing the accused.
The Jammu & Kashmir Government, however, opposed the demand of the victim's father claiming that the trial can not be shifted out due to a different set of criminal laws prevailing outside Jammu & Kashmir. The chargesheet revealed chilling details about how the girl was allegedly kidnapped, drugged and raped inside a place of worship before being killed.