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.”

... contd.