Kathua Rape Case: SC Issues Notice Regarding The Lawyers’ Conduct; Says Deliverance Of Justice Cannot Be Obstructed

On April 13, the Supreme Court took suo motu cognisance of the conduct of lawyers’ association in Kathua following the attempts by the lawyers to prevent filing of chargesheet in the case of rape and murder of an eight-year-old. The Supreme Court issued a notice to Kathua Bar Association and Jammu Bar Association noting that “obstructing of delivery of justice and process of law, and that too by lawyers cannot be condoned.”

A bench, consisting of Chief Justice Dipak Misra, Justice D Y Chandrachud and Justice A M Khanwilkar took serious note of the obstruction caused and issued a notice, which said, “Obstruction of process of law and delivery of justice, and that too by lawyers cannot be condoned and is unethical. Access to justice cannot be impeded by lawyers. It is impermissible under law and ethics to prevent filing of chargesheet or oppose representation of victim’s family by lawyer. Every party before any court is entitled to engage a lawyer and if advocates oppose this principle, then it would be destructive of justice dispensation system”

All the parties are required to respond on this by April 19.

Advocate Shoeb Alam, appearing for Jammu and Kashmir, said that the charge sheet was filed by the police in before the magistrate on April 12.

Alam told, “Police team was heckled by the lawyers and prevented from submitting the charge sheet before the CJM court in Kathua.”

A group of lawyers had prevented the crime branch from filing the chargesheet against those accused of raping an eight-year-old.