JAMMU, APR 22:
In a press release issued by the party, Bharatiya Janata Party has blamed the opposition both in Jammu and Kashmir regions of playing with people’s sentiments, provoking them and playing politics without showing any sincerity in addressing their issues. Referring to the verbal assault launched by the leaders of Congress and NPP in support of CBI enquiry in the Rassana rape and murder case, Brig Anil Gupta, State Spokesperson of the Party accused these leaders of playing a double game. Incidentally, most of these leaders have a legal background and are well versed with law, yet they are misleading the people because they are not sincere in helping them but want to exploit them, blamed Brig Gupta. Had these leaders been serious, they should have appealed the High Court for a CBI enquiry well before the charge sheet was presented in the appropriate Court by the Crime Branch, if they were sincere. But alas, they were only trying to score political brownies alleged Brig Gupta.
The legal position is crystal clear, after the Charge sheet is presented and all of them know it. “Now even the lower court hearing the case is not empowered to refer the case to CBI but can only seek additional evidence from Crime Branch. The authority rests only with the High Court or the Supreme Court to order a CBI enquiry, as and when approached and the Honourable Court is convinced of the need of a CBI enquiry. No executive authority holds any power to now refer the case to CBI,” explained Brig Gupta. Yet these leaders continue to play with the sentiments of the people by holding protests and rallies. None of them is interested in following the laid down legal procedure because they are more interested in publicity rather than action rued Brig Gupta.
Similarly, in Kashmir, self-seeking politicians and separatists are misguiding the youth and encouraging them to launch agitation and protests at the cost of their studies without any justified reason. When all the accused are already in police custody and the judicial process has begun there is no justification for the students to take to street but none of these politicians have tried to pacify the protesting students but to the contrary raised the passions through their rank communal and irresponsible statements blamed Brig Gupta. Now that the Central Government has announced to issue an ordinance recommending death punishment for child rapists and State Government has also decided to follow suit, BJP appeals to the students to return to their schools and resume studies. Pen not the Gun is the way to success and a bright future, Brig Gupta advised to the young boys and girls.
Taking to task those demanding the trial of the case outside J&K, Brig Gupta advised them to have a look at the law of the land first.
The law states “Court is where the Code is applied.” Both RPC and J&K Cr PC are applicable in J&K only and hence the case has to be tried within the state only.
The only exception was made in the infamous Sex Scandal Case, which was heard outside the State with the consent of both the parties said Brig Gupta.