MOHD AKHTAR Vs. STATE OF J&K

JUDGEMENT

(1.) The pivotal fact around which the controversy centres, is abduction, rape and murder of an eight year old girl. An FIR was lodged at Hiranagar Police Station, Kathua, which was registered as FIR No. 10 of 2018. The investigating agency, namely, the Crime Branch, which took over the investigation on 22-1-2018 from the local police has already filed the charge-sheet on 9-4-2018, in the Court of the Chief Judicial Magistrate, Kathua in the State of Jammu and Kashmir.

(2.) As asserted in the writ petition, since there have been some unwarranted situations that have occurred in and outside the Kathua Bar Association, the locality in question, the involvement of many groups and various other aspects, a fair trial is not possible at Kathua. Be it noted, the High Court of Jammu and Kashmir had called for a report from the District and Sessions Judge, Kathua, who has submitted the report and the same has been brought on record. Suffice it to mention that the report indicates that there had been some obstruction by the Bar Association at Kathua. We do not intend to dwell upon the same in detail.

(3.) The issues that emerge for consideration are whether the charge-sheet filed by the Crime Branch should be treated to have been dented to have an investigation by the Central Bureau of Investigation, to transfer the case outside the District of Kathua or outside the State of Jammu and Kashmir, the duty of the State to provide protection to the accused persons, one of whom is a juvenile and the witnesses, if the case is transferred to another place, what kind of protection is to be given to the witnesses and further what kind of arrangements can be made so that the witnesses not only feel protected, but depose absolutely in a fearless manner and that in the case of transfer to some other State, who should be allowed to prosecute the trial and how the trial Judge can be rendered assistance.