In the hearing of the transfer of the Kathua rape-murder case trial out of Jammu and Kashmir senior counsel Indira Jaising told the bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and Indu Malhotra that she would be making her submissions on the basis of the prayer.

She said while the court has the right to decide the venue, she gave preference to a Chandigarh court. This was because both the accused and victim’s families must have access to that place.

She said that in the charge sheet it is mentioned that investigation will be conducted under CrPC section 178A which is not a closed affair but the main investigation is done.

Another counsel submitted that the real culprit has to be caught.

At the end of the proceedings, the bench issued notice to be served to the district judge of Kathua, stating that the next hearing of the matter is on May 7.

Yesterday, the bench had said that it would transfer the Kathua gang rape and murder case from the local court in the “slightest possibility” of lack of fair trial, saying that its “real concern” was to hold proper prosecution.

                                                                                      —India Legal Bureau