New Delhi: The Supreme Court on Monday transferred the trial of cases against 14 accused in the Jammu and Kashmir sex scandal case from the Principal Sessions Court in Srinagar to the District and Sessions Judge, Chandigarh, after taking note of the surcharged atmosphere in Srinagar.

A Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker passed the order on transfer petitions filed by the accused. 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 also recorded the submission of Solicitor General G.E. Vahanvati that the CBI would have no objection to transferring the cases outside the State. On behalf of the State Government, senior counsel Ashok Desai said since the CBI had dealt with the matter, he would leave it to the court to decide on the question of transfer.

Threats

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 the DIG of the Border Security Force K.C. Padhi; former Additional Advocate General Anil Sethi; Deputy Superintendent of Police Mohammad Ashraf Mir; Independent MLA and former Minister Raman Mattoo; suspended Principal Secretary (Planning) Iqbal Khandey and hotel owner Riyaz Kawa.

Stones pelted on accused

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.

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