DIPAK MISRA,J. - (1.) The instant writ petitions, preferred under Article 32 of the Constitution of India, relate to a minor girl, aged about eight years, who had been brutally abducted, raped and murdered, as alleged in these petitions. The said crime has led to lodging of FIR No. 10/2018, and the charge-sheet has been filed in the Court of Chief Judicial Magistrate, Kathua, State of Jammu and Kashmir.
(2.) It is urged by Ms. Indira Jaising, learned senior counsel for the petitioner in W.P.(Crl.)No. 85/2018 that a fair trial is an inseparable facet of Article 21 of the Constitution, and there is an apprehension in the mind of the petitioner, the biological father of the victim, that there would be no fair trial inasmuch as there has been protest by the members of the Bar and further there may be issues relating to witness protection. Additionally, it is submitted by Ms. Indira Jaising, learned senior counsel that this Court has held that there should be protection for the victim as well as the lawyer who has a right to protect the interest of the victims in the Court.
(3.) On the aforesaid foundation, it has prayed that the case arising out of FIR No. 10/2018 should be transferred from Kathua, situate in Jammu and Kashmir to a Court of competent jurisdiction at Chandigarh, and to provide adequate security to the family members of the victim, to the local advocate-Ms. Deepika Singh Rajawat and her family members, and to one Mr. Talib Hussain, who has been rendering assistance to the victim's family. Learned senior counsel for the petitioner would contend that she does not intend to argue for transfer of the investigation since charge sheet has been filed in the Court and there is a possibility of filing of a supplementary charge-sheet. Be that as it may, we do not intend to enter into that sphere at this stage.;