Kathua Rape and Murder: Lawyers Condemn Filing of Chargesheet, Demand CBI Probe

The communally charged rape and murder of the seven and a half-year-old Bakarwal girl, has gained a controversial edge with the judicial work coming to a standstill. On April 9, 2018, a group of lawyers protested outside the court of Chief Judicial Magistrate, with an aim to stop the Crime Branch from filing the charge-sheet into the rape-murder case. After much delay, the charge-sheet by Crime Branch officials was accepted by CJM at his residence at around 9:30 pm. Meanwhile, the Bar Association of Kathua has issued a statement condemning the police and the state government for filing a charge-sheet.

Press Release by Bar Association Kathua

Evidence and Accused in the case

The seven and a half-year-old Bakarwal girl was abducted on January 10, 2018, following which her dead body was found in the forest after several days. As a part of her daily routine, the victim was out to graze her ponies. After few hours, she realized that one of her family’s pony is missing. The boy accused in the case misled the girl while she was searching for her pony, and she lost her way.

The forensic tests have revealed that the victim, who belonged to the nomadic community, was given a high dosage of ‘clonazepam’ (a drug used to control seizures and treat anxiety) after a lower-grade sedative failed to keep her unconscious for long. The eight-year-old girl was allegedly raped in the forest before she was carried to the ‘Devsthan’, a local temple. Few strands of hair were found in the hall of the temple, which on analysis by Delhi-based forensic science laboratory have found a match with the victim, as per the reports by various publications.

The juvenile accused in the case and his nephew Vishal repeatedly raped the girl in the Temple as well as in the forest. Earlier, the police sources told Newsclick that the juvenile kept updating his cousin Vishal, who was giving exams in Meerut University about the plot. It was then that Vishal came back to Rassana and joined them. Later, the girl was strangulated to death and her body was found in the forest.

Along with Vishal and the juvenile, Vishal's father and main conspirator Sanji Ram (Head of Hindu Ekta Manch), Rasana president Pravesh Kumar, Special Police Officers Deepak Khajuria and Surinder Kumar, Assistant Sub Inspector Anand Dutta and Head Constable Tilak Raj, were also arrested for their involvement in the case. As per the reports, there was an attempt to destroy the pieces of evidence. It has been revealed that the blood-stained clothes of the victim were washed to remove any evidence.

The temple where the seven and a half year old minor was held captive

Bar Association of Lawyers and Hindu Ekta Manch

Since, the arrest of a juvenile, Sanji Ram, Vishal and Khajuria, Hindu Ekta Manch, which is a newly-formed organization working to protect Hindus and a group of lawyers under of Bar Association of Kathua, are protesting against the filing of charge-sheet. The Bar Association is also pressing for the case to be transferred to Central Bureau of Investigation.

Newsclick contacted lawyers from both the parties to investigate the reality on the ground. Talib Hussain, lawyer and activist, said, "The pressing demand for CBI to investigate the case is due to evidence that Central Bureau of the State has fetched. The centre is in their influence and they want to vanish all the evidence.”

Reportedly, the Special Investigation Team (SIT) have collected all the evidence, but the members of Hindu Ekta Manch and some lawyers, are condemning the report by the SIT, alleging the involvement of Irfan Wani in the team. Wani was earlier accused of custodial rape and death, but later the charges on him were dropped.

“The lawyers who are protesting and the Hindu Ekta Manch – all of them want justice. We want CBI enquiry, whats wrong in that?,” said Ankur, a lawyer and also the member of Hindu Ekta Manch.

“The Special Investigation Team is corrupt. They have involved Irfan Wani, who was in the jail for custodial death and rape. Rest, there are two officers from Kashmir Crime Branch. In the team of 5 people, there are 4 Muslims. Think, how the investigation is going on,” added Ankur.

BAR Association demands

The BAR association of Kathua has called for a Jammu bandh on April 11, 2018. Besides, they have raised three demands:

- The demand of CBI enquiry into the rape-murder case.

- Deportation of Rohingyas from Jammu: There has been a widespread hate campaign against Rohingyas in Jammu. Many national dailies have carried advertisements calling for the ‘eviction’ of Rohingyas.

- Minutes of Meeting held on April 14, 2018, under the chairpersonship of Chief Minister Jammu and Kashmir to review the working of the Tribal Affairs Department: In the meeting, the Chief Minister Mehbooba Mufti had directed the IGP Jammu, Police authorities and all Deputy Commissioners not to provide any protection for eviction of tribals without the approval obtained from the Tribal department. It has further stated that animal rearing is their profession and they are required to transport their animals from one place to another during seasonal migration.

“Mehbooba Mufti is trying to communalize the situation. These tribals encroach our lands and are in the business of bovine smuggling. This is one of our demands,” said Ankur.

However, because of the amplified protest by the lawyers supporting the accused, the case may get severely impacted. The rape and murder of a minor girl, has already raged a lot of controversies and deepened the polarisation which lies in the heart of this sordid saga.