Kathua Rape Case has been shifted outside J&K in order to ensure a fair trial.
Considering the prevailing circumstances in Kathua, the shift of location is a good step by the Supreme Court to ensure a fair trial.
What is the case about?
An 8 year-old girl belonging to the nomadic Bhakerwal Muslim community in Kathua district of J&K was abducted, gang raped for days and killed.
Notably, the girl was raped inside a temple and the primary suspects are Hindu men with political connections.
Despite the atrociousness of the crime, some saw it through a communal prism and a couple of MLAs even took out rallies in support of the accused.
There was also political coercion on the J&K police to not file a case and to release the arrested suspects – which made the atmosphere communal.
All these factors seem to have convinced the Supreme Court that a fair trial wasn’t possible in J&K and hence, the case got shifted to Pathankot in Punjab.
What are the implications of transferring the case outside J&K?
The transfer of a criminal trial from one State to another is an extraordinary step that the Supreme Court alone is empowered to take.
This is done when the law & order situation is not conducive for trial, which hence is a bad remark on the state government’s potency in policing.
However, kathua Rape Case is a highly sensitive one and its shifting out can’t be read as a comment on J&K government’s performance.
The transfer is a clearly a good move in the interest of a fair and speedy trial where the “victims, the accused and the witnesses” feel safe.
Notably, the public prosecutor is usually appointed by the State to which a case is transferred to.
But in this case, SC has allowed J&K to continue with its own prosecutor.
Further, the court has passed directions like – “day-to-day hearings, no unnecessary adjournments” to make the trial process swift.
It has also been mandated for the trial to be recorded.
Hence, as judiciary has done to ensure the trial sails smooth, it is now up to the investigators and prosecutors to ensure that justice is done.
Why was the demand for CBI investigation denied?
While sections of civil society, politicians and lawyers, demanded for the case to be transferred to the CBI, this wasn’t accepted by the SC.
This is probably because of the fact that investigation was already proceeding in a fairly quick manner and the charge sheets are likely to emerge soon.
Normally, only deliberate inaction on the part of the State police is a reasonable ground for shifting the probe to another agency.
