With regard to the transfer of the case, it said the convenience of the complainant can not be the sole consideration for transferring a criminal case out of state.
The bench observed, ' We are only concerned with the victim getting justice.
The Kathua Bar Association, Jammu Bar Association and J&K High Court Bar Association, have also been demanding for a CBI probe, raising suspicions over the investigation and involvement of a "tainted" official in the SIT constituted by the state.
"When a charge sheet has been filed courts will be circumspect in ordering a fresh probe by another agency", the CJI said. The two of the accused strongly opposed the plea for transfer of the trail from Jammu court to Chandigarh court in the Supreme Court on Wednesday. It has claimed that a "motivated and malicious campaign" by some media channels has created an "erroneous impression" about the motives of the bandh call in Jammu by projecting the legal fraternity and also the people supporting it as "pro-rapists, which is factually incorrect and misleading as such denied".
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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 real issue is that how can we achieve justice", the bench said. He said that a District Judge's report prepared following the obstruction caused to police was scathing against lawyers. It also said that its members have resumed work.
Earlier, in a bid to counter a viral video that claims that the 8-year-old girl in Kathua was not raped, the Jammu and Kashmir police have released a statement claiming that the minor girl was raped before she was strangulated to death in January. Her body was recovered a week later.
Appearing for the J&K Bar Association, senior advocate Vikas Singh said the lawyers were protesting against the state government notification regularising encroachment of private land by tribal settlers when the incident happened.
Similarly, obstructions made by lawyers in Jammu courts and their acts of intimidation failed to catch the eyes of BCI Committee members the Forum said and also charged the BCI for having shut its eyes over flagrant violation of the Supreme Court judgment in the case of Capt. Harish Uppal whereby the Apex Court has ruled the lawyers' strike as illegal.