HC to take up Kathua rape case on priority

Saurabh Malik

Tribune News Service

Chandigarh, July 18

The Punjab and Haryana High Court today made it clear that Kathua rape and murder case could not be allowed to remain hanging, while issuing notice to the accused on the victim’s father’s plea. He had among other things challenged solitary acquittal in the case while imploring the Bench to suo motu enhance the sentence awarded to the convicts.

As the case came up for resumed hearing, the Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu observed it was currently hearing 20-year-old appeals. “If we don’t hear it, the matter will remain hanging,” the Bench asserted.

The assertion came after senior counsel RS Cheema, appointed by Jammu and Kashmir to represent it before the court, sought a slightly longish date to argue the matter. Cheema submitted the state was in the process of filing an appeal. Besides, at least four weeks were required to assist the Bench in the matter as the record was voluminous and there were no less than 114 witnesses examined by the prosecution in the case.

Cheema suggested that the matter could be posted beyond August 15 as the court would be observing two holidays around the time. He said he was willing to give up the matter in case time was not granted for arguing. Appearing before the Bench for convict Sanjhi Ram, advocate Jasjit Singh Bedi dubbed the case record as voluminous while seeking additional time.

Speaking for the Bench, Justice Sharma observed on the basis of information furnished during the course of hearing that all the accused were inside the jail. “In which case the record is not voluminous? We should not have passed order for the lower court record if you are not ready. We are here to do justice,” Justice Sharma observed, asserting that the Bench would hear the matter before Independence Day.

A counsel appearing for the police officials convicted for destruction of evidence, Bipin Ghai, sought suspension of sentence. Referring to a convicted official, Ghai added he was behind bars for one-and-a-half years. Opposing the pleas, counsel for the victim’s father Utsav Bains contended that it was not a case of mere destruction of evidence, but abetment of murder.

Making it clear that the Bench would hear the matter in one go, Justice Sharma fixed the case for August 7. The developments took place just over a month after a Pathankot court convicted six of the seven accused in the rape and murder case. In the appeal filed through counsels Rajvinder Singh Bains and Utsav Bains, the victim’s father submitted that the trial court sentenced three convicts Sanjhi Ram, Deepak Khajuria and Parvesh Kumar to life imprisonment for “cold blooded, pre-planned brutal murder”.