SRINAGAR: The Supreme Court on Monday refused to hand over the investigations into the horrific rape-and-murder of a minor to the CBI. The case is being investigated by the state police crime Branch and it has already filed two charge-sheets, one against seven major accused and another against the minor.
The basis on which the Chief Justice Mr Justice Dipak Mishra refused to get into the transfer of investigations was the satisfaction that the physiological father of the slain girl expressed. The top judge insisted that there was no allegation against the investigation process.
“In the absence of any allegation, why should we enter into this as to who should investigate,” TV News 18 reported on its website, quoting the Supreme Court. It said the bench observed that “the primary duty of the state police to investigate a case” and it the court will not interfere in this at this stage.
Senior lawyer Indirani Jaising pleaded on behalf of the victim’s family. The lawyer insisted that the family does not wish any transfer of investigations. However, she said given the atmosphere in the area, a fair trial was not possible. Their plea was that the trial court be shifted. Jaising pleaded that the Crime Branch has already filed two charge sheets, and may file supplementary charge sheet as well. They have already identified the accused and done the DNA testing.
However, two lawyer Prof Bhim Singh and Anuja Kapur opposed the pleas by the victim’s family. He said the case should be transferred to the CBI. He also had a list of 16 points that he presented to the bench but were not considered.
Later, Singh issued a statement and released his 16-points defence to the media. Apart from many things, it also includes questions like “How many children the parents of this deceased girl have other than the deceased girl? How many cattle/horses the family had which were sent to grazing field under the supervision of eight-year-old girl in the forest area? Why she was sent alone in the forest area?..”
As the Supreme Court heard the case on shifting of the trial court, the police in Jammu presented the accused before the Chief Judicial Magistrate in Kathua in a massive security bandubast. Their lawyers have requested the court that the accused should undergo narco-test. After they were being driven to the jail, some of them said they are demanding an investigation by the CBI.