New Delhi, Apr 17: In a jolt to ousted BJP Ministers, the Supreme Court Tuesday did not favour handing over the investigation into the rape and murder of an eight-year-old girl in Kathua from the crime branch of Jammu and Kashmir Police to the CBI as her father expressed satisfaction over the investigation carried out so far.
“In the absence of any allegation, why should we enter into this as to who should investigate,” a bench headed by Chief Justice Dipak Mishra said, adding that it was “the primary duty of the state police to investigate a case”.
The father expressed satisfaction with the probe conducted so far by the state police, while vehemently opposing the plea of senior advocate Bhim Singh and Delhi-based lawyer Anuja Kapur that the investigation be transferred to the CBI.
“Be that as it may, we do not intend to enter into this sphere (transfer of case to CBI) at this stage,” the bench said, noting the submission of the victim’s father.
At the outset, the victim’s counsel Indira Jaising, who mentioned the matter for an urgent hearing in the forenoon, said the “biological father” of the victim had no grievance with regard to the police probe.
“We are not seeking transfer of investigation. The issue is that the atmosphere is not conducive (at Kathua) for fair trial and dispensation of justice,” she said.
“Investigation is almost complete. Charge sheet has been filed. They (police) may file a supplementary charge sheet. The father of the victim has no problem with the police investigation,” she said.
“We do not want CBI investigation. I am the father. We are satisfied with the investigation. Every accused has been identified. DNA samples have been matched,” the lawyer said, adding that she hailed the state police.
Pertinently, The Jammu Bar Association and others had demanded transfer of the case to the CBI as they had no faith in the probe carried out by the crime branch. The crime branch submitted two charge sheets against eight people including an alleged juvenile for allegedly raping and murdering the girl in January this year.