Kathua rape and murder: SC notice to bar associations on protest against chargesheet
New Delhi, Apr 13 (IBNS) : Taking suo motu cognisance of the conduct of lawyers' associations in Kathua in the aftermath of the rape and murder incident, the Supreme Court on Friday observed that lawyers can't obstruct access to justice, according to media reports.
A bench headed by Chief Justice Dipak Misra issued notice to the Bar Council of India, Bar Association of Jammu High Court and Bar Association of Kathua court seeking their response, CNN News18 reported.
The respondents have been asked to state their stand by April 19.
It was hearing a petition filed by lawyer PV Dinesh seeking directions to the striking lawyers and the Bar Council of India to ensure that the rule of law prevails.
On Monday, lawyers in Kathua had tried to block the filing of a chargesheet in the rape and murder of a minor girl in Kathua.
The top court said it is impermissible under law and ethics to prevent the filing of a chargesheet or oppose the representation of the victim’s family by a lawyer.
The SC bench said every party before any court is entitled to engage a lawyer and if advocates oppose this principle then it would be destructive of justice dispensation system.
An eight-year-old girl from the Bakherwal community was abducted, raped and murdered in Rassana village in Hiranagar tehsil of Kathua district in January. The body of the girl was recovered on January, 17 a week after she went missing while grazing horses in the forest area.
The incident has sent a shockwave across the country triggering a huge uproar.
The Jammu and Kashmir Police have filed an FIR against the lawyers who tried to block the chargesheet.
A bandh has been called in Jammu by lawyers as a protest against the filing of charge-sheets against the accused who had allegedly raped, mutilated and murdered an eight-year old girl in Kathua town of Jammu and Kashmir, media reports said.
ammu Bar Association President, BS Salathia, has been quoted by NDTV, "We have called for a strike and have got support from many organisations. The crime branch team has officers from Kashmir who don't have a good track record. Therefore, we want a CBI inquiry."
Meanwhile, the lawyers, who have been demanding a Central Bureau of Investigation (CBI) probe in the case, had earlier stopped the police from filing charge-sheets against the accused.
After six hours of ruckus, the police could register cases against the accused.
Jammu and Kashmir Chief Minister, Mehbooba Mufti, said the police have handled the situation competently.
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