On 13 April, a bench headed by Chief Justice Misra had taken a serious note of lawyers obstructing the judicial process in the case and had initiated a case on its own accord saying such impeding of the process of law "affects the delivery of justice".
The bench said the issue whether lawyers had allegedly created obstructions would be dealt with by it separately as it would take up the case of victim first and posted the matter for hearing on July 30. A week later, her raped and mutilated body was found in Kathua.
Expressing shock over the observations made by the Committee in its report qua the genuineness of demand of handing over the Rassana case investigation to CBI, the Forum said that BCI had no Constitutional, statutory or moral authority or mandate to make a recommendation seeking transfer of the case to CBI.
The crime branch had informed the court that they are in the process of submitting a supplementary charge sheet in the Kathua rape case, the sources told Mirror. The family of the minor moved to Supreme Court requesting to transfer the case out of the Jammu and Kashmir in Chandigarh amid of threats and security. Lawyer PV DInesh said that BCI has gone overboard and the report appears to be a complete "whitewash". "This report is not reliable and should not be accepted because no officer of the J&K Police Crime Branch, who were actually prevented from discharging their official duty while presenting the chargesheet, has either been contacted or heard by the committee (of BCI)".
He pointed to the report of the high court and drew attention to a separate report of a district judge in Kathua and claimed that the report gives scathing finding of the "obstruction" of officers and justice administration system.
It asked the police to provide protection to the family and their lawyers, and warned that the trial would be shifted out of Kathua if there was the slightest doubt that it would not be fair.
The protest by the lawyers had been one of the key fallouts of the shocking gangrape and murder of an eight-year-old child in the state, that has triggered a nationwide outrage. "Let us be clear and focus on investigation and about the trial of the case".
However, the accused are asking for the opposite, seeking a CBI probe in the case and trial in Kathua district itself.