Taking strong exception to the Bar Association’s remark that the sex scandal will “show the entire world the real face of India in Kashmir”, Chief Justice Y K Sabharwal said: “It is only in India that despite these comments you are being heard. In no other democracy will it be heard.”

The order to transfer the trial to Chandigarh came on a petition of 14 accused — they include former J&K Minister Ghulam Hassan Mir, independent MLA and former Minister Raman Mattoo, BSF DIG K C Padhi, former J&K Additional Advocate General Anil Sethi, DSP Mohammad Ashraf Mir, suspended Principal Secretary (Planning) Iqbal Khandey and hotel owner Riyaz Ahmed Kawa — who contended that “no lawyer” in Srinagar was willing to defend them and the state bar association had already passed a resolution to that effect.

Ordering the transfer of trial to Chandigarh “in the interest of justice”, the Bench said: “On examination of facts and circumstances, we are of the view that the investigations have been completed and chargesheets filed. It would be in the interest of justice to transfer these cases for trial and other proceedings from the court of Principal Sessions Judge, Srinagar, to District and Sessions Judge, Chandigarh.”

Sabeena, the alleged kingpin of the sex racket, her husband Abdul Hamid Shabir Langoo, middlemen Shabir Ahmed Laway alias Shabir Kala, Mehrajuddin Malik, Masood Ahmed, Mohammad Yusuf Mir and Abdul Hamid Bullah will also be tried in Chandigarh. Today’s SC order will not apply to four of the 18 accused whose cases are still being investigated.

The SC made it clear that the order shifting the trial “would not come in the way of the ongoing investigation into the case” and “monitoring of the case” by the J&K High Court.

Earlier, senior counsels Arun Jaitley and R K Jain contended that it was not possible for their clients to get “free and fair trial” in Jammu and Kashmir under the “prevailing situation” as no lawyer was willing take up their case in the wake of the resolution passed by the J&K Bar Association. They also alleged that lawyers from outside Srinagar who went to defend the accused were “intimidated” and “threatened”. Both the CBI and the J&K government did not oppose the petition of the accused that trial should be transferred outside the state.

Solicitor General G E Vahanvati drew the court’s attention to a press release issued by the Bar Association on August 23 to explain what it should do in the SLP filed by CBI in the Supreme Court challenging the J&K High Court order on investigation of the case. According to the Bar, a section of the lawyers were of the view that it should not appear before the SC but certain others were in favour of appearing in court and “exposing” the Government.

The Bar Association press release said: “It goes without saying that by causing its appearance in the Supreme Court on August 29, the Bar Association is not going back on its stand on the Kashmir issue. On the other hand, by appearing in the case, it will expose politicians, bureaucrats, police officials etc who have sexually exploited teenage girls of Kashmir in the name of countering insurgency and show the entire world the real face of India in Kashmir.”

As Vahanvati referred to the release, Chief Justice Sabharwal asked senior counsel R A Jan, appearing for the Bar, to read out the contents. “Don’t feel shy to read what you have written,” the court said as the embarrassed lawyer stared at the paper. When the court asked him, why such a release had to be put out, the counsel simply said there were certain things “beyond our control.”

That didn’t amuse the court which remarked “whatever be beyond you or not, we are not interested”. Letting known its annoyance, the court said, “and that Bar, we are giving a hearing now. It is a matter of shame to use a mild word. Please keep the judiciary out of all these.”

The counsel then tendered his apology which was recorded by the court. It then observed that the sex scandal was a social evil and if it had to be exposed, all other issues must take a backseat.

The court also pulled up the Bar for its “irresponsible” allegations against the CBI. The Bar had charged the agency with not arresting influential higher-ups in the scandal, acting under influence and disobeying the HC order. But the SC found that the charges were “vague and irresponsible” as the Bar was not able to point out which was the order alleged to have been disobeyed by CBI or who had influenced it.

The SC also had enough message for the HC as it attempted to reconcile the HC order of August 11 which asked CBI to take “concretised action” against persons figuring in the scandal. While the CBI’s contended that this meant that it would have to arrest everyone named in the scandal, the SC said this wasn’t the case. All parts of the order read in conjunction only goes to show that arrest of accused was necessary only where there was “adequate material on the basis of assessment by the investigating officer and other higher persons in accordance with the rules.”

Merely naming persons won’t lead to arrest: CBI

NEW DELHI: Maintaining that its probe into the Srinagar sex scandal was unbiased, the CBI, in its affidavit to the SC, has rejected allegations levelled by the J&K Bar Association.

“Each and every person whose name figured during investigation has been properly and thoroughly investigated and merely because a person has been named by a victim girl does not lead to the inference that the same person has to be arrested without corroboration of facts and circumstances,’’ the CBI stated.