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Kashmir : Sex scandal trial shifted to Chandigarh

	September 11, 2006

The Supreme Court has transferred the trial of cases against 14 accused in the Jammu and Kashmir sex scandal from the Principal Sessions Court in Srinagar to District and Sessions Judge, Chandigarh. A Bench headed by Chief Justice Y.K. Sabharwal passed the order on transfer petitions filed by the accused who alleged that they may not get a fair trial in the surcharged atmosphere in Srinagar.



While hearing the matter on Monday, Sept. 4, the Bench said: “On examining the facts and circumstances of this case, we are of the view that the investigation has been completed and charge sheets filed in respect of the 14 accused.”



The Bench held that it would be in the interest of justice to transfer these cases for trial and other proceedings from Srinagar to Chandigarh as the accused had alleged threat and intimidation while being taken to court. The Bench also took note of the fact that no lawyer was willing to appear for the accused in view of a resolution passed by the Bar Association that none should defend the accused.



In this case, the CBI had arrested 18 persons and filed charge sheets against 14 accused. Those who filed the transfer petitions include DIG of the Border Security Force K.C. Padhi; former Additional Advocate General Anil Sethi, Independent MLA and former Minister Raman Mattoo, suspended Principal Secretary (Planning) Iqbal Khandey and hotel owner Riyaz Kawa.



Earlier, Arun Jaitely and R.K. Jain, counsel for the petitioners, submitted that no counsel from outside the State was being allowed to appear for the accused and stones were pelted while they were produced in court. They charged that a free and fair trial was not possible in such a charged atmosphere.



The Bench said the CBI should proceed further in the investigation, as directed by the High Court, which was asked to continue to monitor the probe.



Taking strong exception to the Bar Association’s remark that the sex scandal will “show the entire world the real face of India in Kashmir”, Chief Justice Y.K. Sabharwal said : “It is only in India that despite these comments you are being heard. In no other democracy, will it be heard.”





Top Hizbul terrorist killed



Mohammed Rafiq alias Billu Gujjar, deputy divisional commander of the Hizbul Mujahideen, was killed at Manglai village in Gool Udhampur, 100 km. from Jammu on Monday, Sept. 4. Gujjar had reached there to meet his wife Hanifa. Only, the security forces beat him to the spot. The cornered terrorist did fight back, but he was outnumbered.



For the police, the killing is a major achievement. Gujjar had given the security forces a slip many times. He was involved in the murder of dozens of innocents, especially Hindus, and carried out several grenade attacks.



The terror industry had caught Gujjar young. He joined the Hizbul Mujahideen in 1991. Despite one bad eye, impaired since childhood, his excellent shooting skills and complete ruthlessness made him a teenager to be feared. In 1996, he looted lakhs of rupees from the J & K Bank at Dhamoni and in 2001 attacked the Voluntary Defence Committee members in an Udhampur village. In 2003, Gujjar killed 13 police personnel in an attack at a police post to take revenge for the killing of the Hizb commander Ammanullah.





CCS discusses situation along LoC



The Cabinet Committee on Security (CCS) discussed the activities of the Pakistan Army along the Line of Control at its meeting in New Delhi on September 2.



The meeting, presided over by Prime Minister Manmohan Singh, is understood to have reviewed the Pakistani move of construction of concrete bunkers and reinforcement of manpower in certain sensitive sectors along the LoC. Since the matter has immense implications for national security, the government is keeping a close watch on the situation.



The Indian defence brass looks at the developments across the LoC as an exercise by Pakistan to redeploy its forces in view of the situation in Baluchistan.



The CCS was also briefed about infiltration of terrorists from across the LoC and International Border which has witnessed a spurt over the past few weeks. The infiltration is taking place not just along the LoC but from other places as well, such as north-east and Indo-Nepal border.





PDP yet to decide on Deputy CM



The People’s Democratic Party (PDP) is yet to decide on its nominee for the post of Deputy Chief Minister after Muzaffar Hussein Beig’s resignation from the post and from the Cabinet. Beig had been recalled by the PDP from the Council of Ministers after the recent cabinet expansion. The trouble started with the distribution of portfolios as the PDP wanted him to give up some of the portfolios he had been in charge of.



Beig’s resignation has been accepted by Governor S.K. Sinha.



In an apparent bid to make up with the PDP leadership, Beig met former Chief Minister and PDP patron Mufti Mohd. Sayeed on September 4. This was the first meeting between the Mufti and Beig after the controversy over his ouster from the Ghulam Nabi Azad Government. Sources say that intermediaries are working on a patch up between the two leaders.





Record floods



Kashmir Valley faced one of the worst floods in its history last week. With two mighty rivers, Jhelum and Chenab in spate, six people died while over 2000 were marooned in south Kashmir. The Army did a tremendous job in rescuing marooned people at various places.