SC transfers Srinagar sex scandal to Chandigarh

New Delhi, Sep 4 (UNI) The Supreme Court today transferred to Chandigarh two cases in which investigations have been completed and chargesheets filed against the 14 accused in the Srinagar sex scandal.

The accused against whom investigation has been completed included Raman Mattoo and G A Mir, two MLAs, who are former ministers of J&K, principal secretary of J&K Mohd Iqbal Khanday, DIG BSF K C Padhi, former additional advocate of J&K Anil Sethi and two DSPs of J&K police, Mohd Ashraf Mir and Mohd Yousuf Mir.

Earlier, 13 petitioners had sought tranfer of their cases from Srinagar to some other state on the ground that the J&K High Court Bar Association had passed a resolution that no lawyer would appear for the accused persons involved in sexual exploitation of minor girls.

The petitioners had also pleaded that no counsel from outside the state was being allowed to appear for the accused persons and stones were being pelted during their production in the court and in such a charged atmosphere, free and fair trial was not possible.

Bench comprising Chief Justice Y K Sabharwal and Justice C K Thakker in its order observed, '''We are of the view that in the aforesaid two cases, investigations having been completed and chargesheet having been filed, it will be in the interest of justice to transfer theses cases from the court of principal district and sessions judge, Srinagar to the district and sessions judge, Chandigarh.

It deserves to be noted that in respect of the on-going investigation, the aforesaid order of tranfer would not apply. The investigation shall be carried out by CBI expeditiously and its monitoring by the High Court shall continue.'' The court also refused to inerfere with the J&K High Court judgement dated August 11, 2006, saying that the High Court judgement does not deserve to be interfered with as the High Court has the power to monitor the investigations of any case and there is illegality involved in the order. In sum and substance, directions read as a whole only means honest and bonafide investgations should be conducted by all concerned from investigating officer upto Director of CBI or anyother persons.

The court, however, took strong exception to the language and contents of the press release by J&K High Court Bar Association on August 23, saying that by not appearing before the Supreme Court, ''We want to show the real face of India to the world in Kashmir.'' A visibly annoyed Chief Justice retorted by saying that this is the Bar(read J&K High Court Bar Association) we are hearing and to say the least, it is 'shameful' and 'irresponsible'.

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