Some
witnesses in the Kathua rape-murder case, whose statements form the basis of
the chargesheet against the accused, complained to the Supreme Court on
Wednesday that they were tortured by Jammu and Kashmir police.
Counsel Ravi
Sharma told a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y
Chandrachud that witnesses were tortured and their families harassed by
investigating officers of J&K police in order to extract statements against
the accused.
Sharma also
demanded compensation of Rs 50 lakh each to the witnesses who were allegedly
tortured and requested the court to direct the Centre to provide them security.
J&K's standing counsel M Shoeb Alam refuted the allegations and said the
police had "startling facts" about the manner in which these
witnesses had attempted to mislead the investigation.
"There
are very disturbing and startling facts about the witnesses. Give us 24 hours
and we will put all material about them in a sealed cover before the court.
Whatever the Supreme Court decides thereafter is acceptable to us," Alam
said, accusing the witnesses of being turncoats. The statements in question
against the accused were recorded under Section 164 CrPC before a magistrate
which is admissible in court as evidence.
The SC
accepted the submission and posted the matter for hearing on Thursday but not
before reminding the witnesses that the court would not revisit its decision
not to order a fresh probe by another agency since the chargesheet had been filed.
On May 7, the
SC had shifted trial in the case relating to rape-murder of an eight-year-old
girl to Pathankot in Punjab and had ordered day to day in-camera proceedings
while asserting that it would continue to monitor the trial.
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