Office Of The BAR ASSOCIATION KATHUA- PRESS RELEASE

13 Apr 2018 15:56:54

PRESS RELEASE

 

 

I hail the National Media. Much accusation on us and our BAR and no stance or explanation sought in return so far!! And if sought and recorded, then no sincerity to show on your channel !!

Justice for Asifa Bano please

 

रेप करने वाला हिंदू/मुस्लिम नहीं होता......

वह सिर्फ रेपिस्ट होता है..... मासूम बच्ची ‘आसिफा’ के साथ जो हुआ वह लिखने के लिए काफी हिम्मत जुटानी पड़ रही है। मासूम बच्ची को भूखा प्यासा बंधक बनाकर मौत आने तक बलात्कार करते हैं......!

However, there is the other side of version too.

क्या इंसानियत बिल्कुल खत्म हो चुकी है? क्या एक आठ सात की बच्ची को भी इंसाफ नहीं मिलेगा?

Imagine an innocent Eight-year old child. Shrieking. Crying as rapists mount her, one after the other. Over days. Starved. Drugged. Can you feel her terror? Hear her dying sobs? Now imagine she’s your daughter/niece/sister.

Asifa was our sister, our daughter, like all the people of Jammu, we want justice for her, like you all do. One motormouth politician doesn’t represent us all. All we wanted was a fair trial by the CBI as in the Shopian case, so we know that Asifa isn’t just another victim of the separatist politics. An 8 year old (just eight) must not pay the price for the silence of billions. Tomorrow it will be somebody else, until one day when it can be your kid, at least break your silence now. Speak up.

OFFICE OF The BAR ASSOCIATION KATHUA

District & Sessions Courts Complex, Kathua (J&K) - 184 101

Spread it... so that strict possible action may take place!!!

Will anybody speak up for her too?

Please re-think.... 1. Why were investigation teams changed thrice in 20 days?

  1. Why was Jammu Crime Branch bypassed?
  2. How did Hurriyat henchmen in Kashmir come up with the posters flashing the names of who all should be booked in Kathua?

Let me explain that the First two teams were from Jammu, they were dumped and a fresh SIT was formed with officers with tainted careers from Kashmir. Were they incompetent or didn’t succumb to pressures?

Is this Kashmiri hegemony’s answer to Jammu for constantly demanding the ouster of Rohingyas?

Is it true that one of the Officer in Investigation Team of Crime Branch was himself, was a JKP officer in Crime Branch Team (to name...Mr Irfan Wani) was going through the allegations of cow smuggling, rape and murder in separate cases? Is it true that the local population of Kathua was constantly protesting against Kashmiri hegemony’s allotment of govt land to a particular community to enable quick demographic changes? Why was an officer who himself has faced trial for killing of a Hindu minor in his custody and raping his sister inducted in the SIT? Is he close to Hurriyat gang?

Do the confessions taken under duress after third-degree torture in police custody stand valid in the court? This question would however be taken care in the Court during Trial.

The section of Indian media that has already delivered verdict in the Asifa's case based on the DNA report must also bear the Shopian case in mind in which a fake protest that injured more than 900 people, was created by Kashmiri separatists to frame security forces in a fake rape case.

 

OFFICE OF The BAR ASSOCIATION KATHUA

District & Sessions Courts Complex, Kathua (J&K) - 184 101

Now let us see, why the burning Jammu Province demands CBI enquiry?

  1. The Shimla rape case is with CBI and including an IG level IPS officer the

whole investigation team of Himachal Police is behind for mis investigation.

  1. The Pardhyuman murder case in Gurgaon was swiftly moved from Haryana

Police to CBI? 3. The Unnao (UP) rape case has so swiftly gone to CBI in a day or so!!!

Everyone knows the investigation of Shopian rape and murder case 2009... Mehbooba knows it too!!! Kashmiri hegemony is known to do politics over dead bodies, no matter how little they’re. In 2009, two Shopian women who had died after they accidentally fell into a stream were declared rape victims of Indian security forces. Ms Mehbooba Mufti was the 1st one to demand CBI enquiry. In fact Ms Mehbooba had called upon the then PM Manmohan Singh and had asked him to personally review the performance of the State’s ruling coalition govt as according to her, they had failed to do justice in the Shopian case. A CBI inquiry was subsequently conducted only to find the shocking truth. CBI found out that the medical report was fabricated by a doctor in cahoots with a separatist leader to intensify anti-India sentiment.

There was a case in which IG Mr R.K. Sharma was involved and ultimately solved by CBI only!!!

Case against MLA Amar Mani Tripathi for killing his wife was solved by CBI only...!!!

Sex-Scandal case of Kashmir involving Kashmiris of the year 2007 was also investigated by CBI on a soft request of PDP.

And so many more...

Then what was the problem in allotting the case of Kathua murder to CBI?

 

OFFICE OF The BAR ASSOCIATION KATHUA

District & Sessions Courts Complex, Kathua (J&K) - 184 101

Now, we’re not saying that the enquiries overseen by Kashmiri administration are always like this but there’s a possibility that they can be so don’t jump the gun. Try to give a hearing to the natives of Rasana also. They have their own horror stories to tell.

Now let me clear you all, once for all that on 11th of April, we the Members of the Bar Association Kathua extended their thanks to the public of Kathua for observing peaceful ‘Kathua Band’ on the call of Bar Association. Pertinent to mention here that the Band was already announced by the Bar on the 07th of April. The then Press Note dated 11th day of April reads as:

“PRESS RELEASE

The Members of the Bar Association Kathua extend their thanks to the public of Kathua for observing peaceful Kathua Band on today on the call of Bar Association. The BAR extend its gratitude to the Vyapar Mandal Kathua, Private School Action Forum, Private School Association, Private School Coordination Committee, Transport Union, Matador Union, Bus Union, Taxi Union, Vegetable & Fruit Vendors Union for observing the Kathua Band peacefully and make it successful. A very peaceful protest was staged on today outside the Court complex against the State Government in support of the three demands viz. Formulation of policy for the expulsion of Rohingias from the State, withdrawal of the minutes of the Meeting of Tribal Affair Ministry & declaring the Districts of Noshera, Rajouri, Sundarbani. We hope this peaceful Kathua Band shall impress upon the State Government to hear the real sentiments of inhabitants of Jammu Province. The ‘Asifa Murder Case’ is under consideration of the Worthy Court now, which shall be dealt with under the established process of law as per the Criminal Procedure Code as applicable in the State of J&K. We will fight for justice to the innocent little girl, who had been brutally raped and murdered. We condemn this in strong words and we are committed to bring justice to the departed little soul. We further appeal the media channels to not spread the negative propaganda against us as we have never obstructed the process of presentation of challan by the Crime Branch. Whereas we had staged the peaceful protest only and we agitated the unwanted presence of local police equipped with weapons in the Court Complex, which was neither required nor ever called for.

President

Kirty Bhushan Mahajan Adv.”

Let me make this very clear to you all that none amongst the Bar Association Kathua ever stopped or obstructed the Crime Branch, while they were presenting the challan in the court on 09th of April. In fact, we were already agitating against

OFFICE OF The BAR ASSOCIATION KATHUA

District & Sessions Courts Complex, Kathua (J&K) - 184 101 the State Government for four demands and one amongst the same was the investigation of Asifa’s Murder case by independent agency CBI too. Thus we were

asking the Crime Branch Team to kindly go back as the J&K High Court Bar Association had called for Jammu Band and we had also supported their call and appealed for Kathua Band too for April 11. We were quite sure and hopeful that after analysing the successful Jammu Band read it as Jammu Province and not Jammu District only). It was peaceful demonstration by us by shouting slogans only, while the Crime Branch had presented the charge sheet before the Court of Ld Chief Judicial Magistrate, Kathua and the process of scrutiny/verification was on. However, all of the sudden, the local Police entered the Court premises along with squad of more than 100/150 policemen equipped with weapons, sticks etc. It shocked us. We asked them as to who had called them, but no reply. We asked the Judicial Officers whether they called the Police and the answer was negative. then we requested them to go back as we were staging peaceful protest only and we never wanted any violence in the Court compound. However, the local police started scattering and pushing us by showing sticks, to which we resisted. The video clips shown in the reports also establish that the struggle was going on between the Bar Members and the local police in uniform only. Needless to mention here that the Crime Branch was not in uniform as they are not supposed to wear uniform. There is not even a single shot where we ever shown to have resisted or obstructed or hindered or stopped any of the member of Crime Branch, since they were busy in presentation of charge-sheet inside the retiring chamber of the Ld CJM Kathua at that time. Since the challan (chargesheet) was incomplete and that could not be presented in Court till late hours. It was not due to any obstruction that the challan could not be accepted.

Let me further throw light on this. During the entire investigation by Crime Branch, there had been several occasions when the Crime Branch had appeared in the Court either with accused for seeking remand of the accused or for getting the statements of the prosecution witnesses recorded in terms of Sec.164-A CrPC by the Magistrate. During all such occasions, the Crime Branch would come in the Court Complex at Kathua, park their vehicle in Parking, go to the Court room by foot, move application before Magistrate, have to wait outside the Court for several minutes or hours, then get the statement recorded which usually take hour or so, then apply for the copy thereof, keep waiting outside the Court room again and then after obtaining the copies, would go back to Parking lot. During all the said process,

 

OFFICE OF The BAR ASSOCIATION KATHUA

District & Sessions Courts Complex, Kathua (J&K) - 184 101 none amongst the Bar Member ever protested against them, never obstructed or interfered their process, never chanted any slogan and further never ever asked them not to do their job. However, when on 7th of April, the Bar had given the call of Jammu Band on April 11, the Crime Branch haphazardly appeared in Court for the

presentation of charge-sheet and we staged peaceful protest while requesting them to wait till April 11 only. Rest is explained above.

A wrong narrative has been shown on the National media, which was started by the group of separatists and politically motivated bunch of people from Kashmir on social media like Twitter and Facebook etc and then the same point of view was carried forward by the national news agencies. None of the channel has ever shown our point of view. Whenever any of our representative is called on any debate, his voice is always suppressed. The anchor of the debate himself/herself becomes judge of the issue and seldom allow our representative to speak out his version. The only one side of the story is being telecast.

We appeal the media anchors and reporters Arnab Goswami, Anjana Om Kashyap, Mimansa Malik, Rajat Sharma, Ravish, Rahul Kanwal, Manoranjan Bharti, Barkha Dutt, Zafar Iqbal, Naseer Masoodi and all others to kindly do not show one side of the story only.

Let it be made clear that now when the charge-sheet is under consideration of the Hon’ble Court, hence till the trial is concluded and judgement is pronounced, no detailed critical comments should be made by anyone with regard to the series of facts and circumstances as contained in the charge-sheet. There are as many as 236 prosecution witnesses named in the charge-sheet. No critical analysis can be done on any public platform regarding the charge-sheet. Thus we have stopped our agitation in support of our demand for CBI investigation, as the same would be made in legal manner before the Courts now as per applicable law.

The JKHCBA has also extended its suspension of work in support of the remains three demands viz. Formulation of policy for the expulsion of Rohingias from the State, withdrawal of the minutes of the Meeting of Tribal Affair Ministry & declaring the Districts of Noshera, Rajouri, Sundarbani.

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