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J&K Bar Association pulled up

Legal Correspondent

"Keep the judiciary away from politics"


  • Press release threatened "to show the real face of India in Kashmir"
  • "Make allegations with a sense of responsibility"

    New Delhi: During the trial of the Srinagar sex scandal on Monday, the Supreme Court pulled up the Jammu and Kashmir High Court Bar Association for saying "it would show the entire world the real face of India in Kashmir."

    Expressing shock over the press release, a Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker told counsel for the Bar Association: "It is a matter of shame and an irresponsible statement. In no other democracy will such statements be entertained. Please don't bring in politics. Keep the judiciary away from these issues."

    The Bench took exception to a portion of the press release issued on August 23 after the apex court took cognisance of the matter. The paragraph in question said: "It goes without saying that by causing its appearance in the Supreme Court on August 29, the Bar Association is not going back on its stand on the Kashmir issue. On the other hand, by appearing in the case, it will expose politicians, bureaucrats, police officials etc. who have sexually exploited teenage girls of Kashmir, in the name of countering insurgency and show the entire world the real face of India in Kashmir."

    CBI role

    On August 11, the High Court had directed the CBI to hold custodial interrogation of all public functionaries named by scam kingpin Sabeena during the probe. On appeal by the CBI, the apex court said the investigating agency should not resort to indiscriminate arrests and, instead, interrogate only such persons thought fit by the investigating officer and after consulting the CBI director.

    Referring to the Bar Association's charge that the CBI was deliberately not arresting the accused in the scandal because some held posts of Cabinet Ministers or senior posts in the State police department, the Bench said: "You are not able to say who are shielding the accused and who those influential people are."

    It added: "We hope that utmost care would be taken in future and allegations would be made with a sense of responsibility, particularly when they come from the Bar Association. Unfounded and vexatious allegations harm the cause instead of helping it."

    The Bench, however, declined to interfere with the High Court order. It said the latter had the power to monitor investigations into any case and there was no illegality involved.

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