SC will transfer Kathua trial out of J&K on 'slightest' sign of unfairness
New Delhi, April 26 : The Supreme Court on Thursday said it will shift the Kathua gang-rape and murder trial out of Jammu and Kashmir at the "slightest possibility of lack of a fair trial".
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said its "real concern" was to see that a fair trial was conducted.
The trial should be fair for the victim's family and for the accused, the bench added.
At the outset, the Bar Council of India (BCI) Committee filed in a sealed cover a report before the apex court and supported the demand of the High Court Bar Association at Jammu and Kathua District Court Bar Association for a CBI probe into the case.
The BCI also said the bar associations had neither obstructed the Crime Branch from filing the charge-sheet in the case nor the advocate representing the victim's family.
However, senior advocate P.V. Dinesh, who had brought to the notice of apex court the alleged obstruction by lawyers, objected to the BCI panel's submissions, saying it was only tasked with the job of finding out whether the local lawyers had obstructed the trial proceedings and instead the panel seemed to have formed opinions on the investigation by the state Crime Branch.
But the apex court said its primary concern at this point is to provide fair trial in the case and did not want to divert its attention from this aspect.
"Let the main issue be not missed. Fair investigation, fair trial, appropriate legal guidance and representation of both the accused and the victim's family has to be there," the bench said.
"Let us not get into what the Bar Council of India says... If we do, the victim goes away from our attention. Let us not digress from the real issue. The real issue is that how can we achieve justice," it added.
"Our first concern and our constitutional concern is to ensure fair trial and procedure to provide protection to the victim's lawyer so there is no obstruction to justice and finally to transfer the case, if found necessary," the bench observed.
Considering the issues of lawyers' alleged obstruction, the apex court said if the lawyers are at fault, they would be dealt in accordance with the law, and posted the matter for July 30.
Senior advocate Indira Jaising, appearing for the victim's father, urged the court to monitor the trial. The bench said it could examine the prospect of fast-tracking the trial and oversee the progress of the trial.
On April 13, the apex court took suo motu notice of an incident of lawyers of Jammu and Kathua bar associations preventing the victim's lawyer from appearing in the case.
In January, an eight-year-old girl went missing while grazing horses in Rasana forest in Jammu and Kashmir's Kathua district. Her body was recovered a week later.
The apex court agreed to hear a plea of two of the accused in the case, Sanji Ram and Vishal Jangotra, seeking transfer of the probe to the Central Bureau of Investigation (CBI) besides seeking to be impleaded as parties in the petition filed by the father of the victim for transfer of case from Jammu and Kashmir to Chandigarh.
The victim father's plea for transfer of case would be heard on April 27 by the apex court.
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Indian mobile hospital treats over 2,200 cyclone-hit people as New Delhi ramps up relief efforts in
Colombo (PTI): A mobile hospital set up by India in Sri Lanka has provided medical care to over 2,200 people affected by Cyclone Ditwah, as New Delhi ramped up its assistance to the flood-ravaged island nation with engineering support and delivery of fresh relief consignments, the Indian mission here said on Sunday.
Sri Lanka has been grappling with widespread flooding, landslides and severe infrastructure collapse triggered by the cyclone, leaving several districts isolated and severely straining the country's disaster-response capacity.
At least 627 people have been killed and 190 remain missing as of Sunday noon due to catastrophic floods and landslides caused by extreme weather conditions since November 16.
Sharing a social media post by the Ministry of External Affairs on its X handle, the Indian High Commission said a field hospital set up by India in Mahiyanganaya near Kandy has provided medical care to more than 2,200 people affected by the cyclone since December 5.
The hospital has also performed 67 minor procedures and three surgeries, it said. The field hospital was airlifted to Sri Lanka by an IAF C-17 aircraft along with a 78-member Indian medical team on Tuesday.
In another post, the mission said Indian Army engineers, working with Sri Lanka Army Engineers and the Road Development Authority, in Kilinochchi have begun removing a damaged bridge on the Paranthan–Karachchi–Mullaitivu (A35) road, a key route disrupted by the cyclone.
"This joint effort marks another step toward restoring vital connectivity for affected communities," it said.
India has additionally sent nearly 1,000 tonnes of food items and clothing contributed by the people of Tamil Nadu. Of these, about 300 tonnes reached Colombo on Sunday morning aboard three Indian Naval ships.
High Commissioner Santosh Jha handed over the supplies to Sri Lankan Minister for Trade, Commerce, Food Security and Cooperative Development Wasantha Samarasinghe.
India, on November 28, launched 'Operation Sagar Bandhu', a Humanitarian Assistance and Disaster Relief (HADR) initiative, to aid Sri Lanka in its recovery from the devastation caused by Cyclone Ditwah.
Since the launch of the operation, India has provided about 58 tonnes of relief material, including dry rations, tents, tarpaulins, hygiene kits, essential cloths, water purification kits and about 4.5 tonnes of medicines and surgical equipment, the Indian mission said in a press release on Sunday.
Another 60 tonnes of equipment, including generators, inflatable rescue boats, Outboard Motors, and excavators, have also been brought to Sri Lanka, it said, adding that 185 tonnes of Bailey Bridge units were airlifted to restore critical connectivity along with 44 engineers.
Two columns of the National Disaster Response Force, comprising 80 experts and K9 units with specially trained dogs, assisted with immediate rescue and relief efforts in Sri Lanka.
Besides the field hospital in Mahiyanganaya, medical centres have also been set up in the badly hit Ja-Ela region and in Negombo. INS Vikrant, INS Udaygiri, and INS Sukanya provided immediate rescue and relief assistance to Sri Lanka.
Apart from the two Chetak helicopters deployed from INS Vikrant, two heavy-lift, MI-17 helicopters of the Indian Air Force are actively involved in evacuations and airlifting relief material, the release said.
At the request of the Sri Lankan Disaster Management Centre, a virtual meeting was organised between DMC and the Indian Space Research Organisation (ISRO)'s National Remote Sensing Centre on Saturday.
Since the onset of the disaster, ISRO has been providing maps to assist DMC in its rescue efforts, the release said.
