July 9, 2018

Kathua Rape: Transfer accused from Kathua Jail to

Gurdaspur district Jail, SC
The Supreme Court today ordered that the accused in the Kathua rape case be shifted
from Kathua jail to Gurdaspur District Jail. The Court directed the State of Jammu &
Kashmir to provide requisite arrangements and security to facilitate this move.

The order was passed by a Bench of Chief Justice of India Dipak Misra, Justice DY
Chandrachud and Justice Indu Malhotra after it was informed by the petitioner’s
lawyer, Senior Counsel Indira Jaising that while a trial on a day-to-day basis was
ordered, the time-consuming commute from Kathua to Pathankot was rendering it
difficult.

Jaising argued that due to the long commute, the Court was getting only a few hours
daily to hear the case and this could, in fact, prolong the time taken to conclude the
trial.

“The purpose of a day to day trial will stand defeated as the trial is likely to be
prolonged”, Jaising said

On this ground, Jaising prayed that the accused be moved from Kathua jail. She also
argued that some of the main accused in the case are policemen and if they remain
lodged in Kathua jail, they will have easy access to their colleagues from the police
force.

Senior Counsel Shekhar Naphade assisted by Advocate Shoeb Alam who were
appearing for State of Jammu & Kashmir brought to the Court’s notice that the Public
Prosecutor in the case has filed an application seeking protection.

CJI Misra agreed to grant security to the Public prosecutor and also told the State that
the trial should be concluded in two months.

Naphade told the Court that the Supplementary charge sheet in the case is yet to be
filed and will take between 6 and 8 weeks. Therefore, the conclusion of the trial in
two months would be difficult. CJI Misra relented and asked for the trial to be
completed as expeditiously as possible.

The Court the passed the following directions:

 The accused should be moved from Kathua Jail to Gurdaspur District Jail and the
relatives of the accused shall be allowed to visit them.
 The supplementary chargesheet should be filed within eight weeks.
 The Trial should be held in-camera as was directed earlier by this Court.
 The State of Jammu & Kashmir should provide security for the accused and make
necessary arrangements vis-à-vis the transfer of the accused as well as the daily
commute.
 If anyone is aggrieved by any order passed by the Trial Court, they shall move the
Punjab & Haryana High Court.
With these directions, the Court disposed of this writ petition.