The Jammu and Kashmir High Court on Friday permitted the state to transfer the Shopian double rape and murder probe to the CBI, making it clear that the investigation was the prerogative of the government and not the court. However, the HC adjourned the hearing on the bail plea of the four arrested police officers till Monday.

“The duty to investigate being of the government, we feel that it is up to the government to decide through which agency it would have the crime investigated,” the order issued by the Division Bench of Chief Justice Barin Ghosh and Justice Muhammad Yaqoob Mir said. “We make it amply clear that none of our orders shall stand in the way of the government altering the investigating agency”. The order added the government was duty-bound to bring the culprits to book.

“Such duty under no circumstances can be scuttled by any action of any one, including that of the government or any of its agencies,” the order said. However, it maintained that if it were established that the investigating agency had not functioned properly, the court would take action. “We remind the state that we shall remain vigilant until it is reported to us that the mystery surrounding the death of these two young ladies have been solved,” the order said.

“If the result of the investigations is not encouraging, the state is directed to produce all records and papers pertaining to the investigations before us for the purpose of making an endeavour to ascertain whether the channel of investigation has functioned properly or not,” the order said.

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