The Bar Council of India (BCI) will cancel licences of advocates who were accused of preventing the police in Kathua from filing the chargesheet accusing eight in the horrific gangrape and murder of an eight-year-old girl there.
BCI's declaration came when it announced its decision to send a five-member committee headed by Justice Tarun Agarwal to investigate advocates from the Kathua Bar Assocation and Jammu and Kashmir Bar Association who protested against the filing the chargesheet.
"We will interact with the members of the bar association concerned and even the general public. The report from the independent probe will be submitted before the court. We are not going to be influenced by any party, political groups, police or anyone," BCI president Manan Kumar Mishra said at a news conference held here on Sunday. The probe, he added would be completely independent.
The BCI's decision comes after the Supreme Court took suo motu cognisance of the lawyers' conducts in Jammu as reported by the media and issued notice. The five-member committee will prepare a report, which will then be submitted before the apex court bench led by Chief Justice of India Dipak Misra.
"If we really find that the strike was illegal or there conduct was not proper, then we can go to the extent of cancelling the license of the lawyers," said Mishra.
On April 9, a group of advocates tried to prevent the local police in Kathua from filing a chargesheet against the eight accused in the case. Members of the Bar Association of Jammu and Kathua had publicly supported the lawyers who were protesting against the filing of the charge sheet.
On Friday, at the instance of a group of apex court advocates, the Supreme Court took cognisance of the event and issued notice to the Bar Council of India and the two state bar associations.
Arguing against the notice, BS Salathia, chairman of the Jammu Bar Association, who was at the forefront of the strike, submitted that the state lawyers were simply protesting seeking a CBI probe. This, he submitted, "did not amount to shielding of the accused" and would only help in delivering justice.
Earlier on January10, an eight year-old girl – who was out grazing her horses, was allegedly kidnapped. Belonging to the nomadic Bakerwal Muslim community, she was found murdered a few days later.
On examination, it was found that the minor was sexually assaulted. During the initial investigation a juvenile was arrested. Following outrage, the case was then shifted to the Crime Branch of Jammu and Kashmir police.
After detailed investigation, Two Special Police Officers (SPOs) and five others, including a former revenue official – also the alleged conspirator, were charged with the crime.
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