Jammu and Kashmir counsel Shoeb Alam told the court the BCI had given a clean chit to the lawyers without speaking to the police officers allegedly obstructed from filing the chargesheet against the accused.
The Supreme Court on Thursday brushed aside a plea for a fresh probe into the Kathua rape and murder case, and instead said that it would focus on fair and speedy trial. The accused added that Article 21 of the Constitution guarantees fair investigation as well as the trial to the accused.
Raising a question mark on the legitimacy of the BCI Committee, the Forum said that it was not a fact-finding mission created by or under direction from the Hon'ble Apex Court but was formed by the BCI on its own when put to notice by the top court for having failed to take cognizance of illegal activities of lawyers in Jammu and Kathua.
"If we find a slightest possibility of lack of fair trial, we will transfer the case.The real concern of this court is to see that a fair trial is conducted and fair trial means fair to the accused as well as to the victims".
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The bench, also comprising Justices A.M. Khanwilkar and D. Y. Chandrachud, said that the trial should be fair not only for the accused but also for the victim's family and that protection must be ensured for both them and their lawyers.
It also ruled out a CBI probe and said it should be circumspect while transferring it to another agency.
However, the accused are asking for the opposite, seeking a CBI probe and a trial in Kathua district itself.
"The requisite state machinery will be put into motion to ensure the conduct of a fair, expeditious and impartial trial in the matter so that justice is dispensed to the victim while the human rights of the victim's family as well as the accused are protected in accordance with the law", the affidavit said.
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The accused said that they were compelled to file the interlocutory application and falsely implicated and arrayed as accused persons in the case. With regard to the allegation of obstruction or extending threat to Rajawat, the association said, "It is totally false and baseless and the same is vehemently/specifically denied".
It also said security has been beefed up at the Juvenile Home, where an accused is now lodged.
The girl from nomadic Muslim herder family was grazing the cattle when she was kidnapped in January.
He also sought transfer of the trial to Chandigarh from Kathua after the lawyers belonging to Kathua Bar Association held protests and stopped Crime Branch officials from entering the court when they went to file a charge sheet in the case. A week later, her body was recovered.
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Media captionWho are the Windrush generation? "This country is your home and Britain would not be Britain without you", she said. So far 3,800 calls have been made to the helpline, of which 1,364 were potentially Windrush cases, MPs were told on Wednesday.