Kathua rape and murder case: Bhat cautions about subversion of judicial process, appeals Chief Justice for cognizance

5 Dariya News

Srinagar 12-Apr-2018

Senior PDP leader Nizamuddin Bhat has appreciated the assertions of the chief minister Mehbooba Mufti against the obstructionists in the justice in Asifa rape and murder case as a just and fearless step behoving head of the Government.In a statement issued here in response to CM's tweet expressing her intention to act boldly, Bhat said she has sent a clear message that she will not be guided by political considerations in her discharge of duties as protector of rights of the people.Bhat said immediately after the exposure of heinous crime, she had assured to dispense justice and she remained unfettered. "She did not succumb to pressures and to the nefarious designs woven to dilute her authority and tarnish her image."He said as the power lobbies indulged in communalization and politicisation of the dastardly act there was no hope that they will allow the accused to be brought to book. "However, the CM's will prevailed during the investigation and the investigating agency did its job quicker than expected."Bhat said the resistance against justice has not ended and protectors of time are still making a shameless bid to subvert the judicial process, post challan. He said the so-called lawyers' agitation in Kathua and continued Bandh calls are manifest of the design, more than what meets the eye. "There was an ugly effort to prevent the case to reach the corridors of the court and there is a strong lobby working to vitiate the proceedings during trial."

Bhat said it is unfortunate that during the course of production of Challan, the local magistrate of concerned jurisdiction was pressurised not to entertain the Challan, which could shatter the judicial process. "But more unfortunate are the reports spreading that the concerned magistrate showed all the portents of obliging the supporters of crime and fulfilled his obligations only after the administrative intervention."Bhat said by all standards this gesture of weakness by a judicial authority amounts to dereliction of duty, which could undermine the judicial process and even spoil the work done by investigating agency.He said that honourable chief justice of the state should take Suo Moto cognisance of this and should initiate action so that sanctity of the judicial system is upheld. "There is a growing impression in legal fraternity that judicial processes could be jeopardised under coercion. There is every apprehension that elements inimical to justice and fair play will gain ground if allowed to intervene in the proceedings through pressure and protests. Obliging judicial officers who do not have guts and strength to stand up against influences from unruly elements motivated by communal elements or power lobbies can inflict actual and irreparable damage to justice system if let unnoticed." Bhat said such trends need to be discouraged before these sustain to spoil the moral and judicial fabric. He said after a thorough enquiry, as head of the state apex court, it is desirable for such authority to take note of the dangers and initiate action which not only saves the justice system but clears the court corridors from weak and coward who could inflict serious damage to people's faith in the institution of judiciary.