Originally posted by Wikinews. Wikinews content appears under the Creative Commons Attribution 2.5 license except where specified. As these articles are static snapshots of news items that may be later updated, they may not represent the latest or final revision of that article, and posted information may be only preliminary. Indian Supreme Court orders transfer of Asifa Bano gang rape and murder case to Pathankot ------------------------------------------------------------------------------- May 10, 2018 Original URL: https://en.wikinews.org/wiki/Indian_Supreme_Court_orders_transfer_of_Asifa_Bano_gang_rape_and_murder_case_to_Pathankot On Monday, the Indian Supreme Court transferred the trial of gang rape and murder of Kashmiri girl Asifa Bano to Punjab's Pathankot district. The Supreme Court asserted it was to ensure a fair and just result for the victim and the accused. "We are here for the fundamental concept of fair trial for both victims and the accused", the court said. Asifa Bano was an eight-year-old Muslim nomadic girl who was reported missing on January 10. According to police investigation, she was kidnapped, sedated, held captive, and gang raped before she was strangled and killed. Her corpse was found in Kathua a week after her disappearance. All eight accused for Bano's rape and death are Hindus, of which one is a former government official; and two others are police officials. A couple of former BJP politicians participated in a rally showing support for the eight accused. Bano's father approached the Supreme Court requesting the case be shifted to a different court, suggesting Chandigarh. Some of the accused asked the case be heard in Jammu and Kashmir. Bano's family and lawyer Deepika Singh Rajawat had received death threats and personal threats. The Supreme Court, headed by Chief Justice of India, Dipak Misra, ordered continuing security for the victim's family as well as the lawyer. They also ordered continuing security for the juvenile accused for Bano's rape and death. Stating fair trial is " [...] under Article 21" of the Constitution of India|Indian constitution, which corresponds to the fundamental right to life, the Supreme Court said, "We are transferring the case to Pathankot from Kathua for trial [...] the case will be heard daily so that the verdict can be reached in a country where such cases can run for years or decades". Pathankot is a district in Punjab, and is about 30 kilometres (about 20 miles) from Kathua. The Supreme Court also ordered the hearing sessions cannot be adjourned and in-camera to ensure the safety of witnesses. There are about 221 witnesses for this case. Statements in Urdu are to be translated in English. The Supreme Court instructed Pathankot's district judge not to transfer the case to any other court. Three of the accused, Sanjhi Ram, Vishal Jangotra, and Parvesh Kumar asked for a probe by the Central Bureau of Investigation. Dismissing the plea, the Supreme Court said, "When charge sheet is filed, why should we want another agency?" Per the charge sheet filed by Jammu and Kashmir police on April 9, Asifa Bano was raped at a place of worship. Last month, after protests against the rape and murder of Asifa Bano in various cities across the nation, Indian cabinet ministers passed an ordinance allowing the death sentence for convicts of raping a girl under the age of twelve. However, per Article 20 (1) of the Indian Constitution, the ordinance is not applicable in this case. Article 20 (1) states, "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence." The trial is to be conducted in accordance with the Ranbir Penal Code. Due to special provisions for Jammu and Kashmir, the Ranbir Penal Code is applicable for Jammu and Kashmir; and the case falls in the jurisdiction of that state. The next date of hearing is scheduled for July 9. == Related news == * == Sources == * https://www.bbc.com/hindi/india-44041877 * https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf * https://www.indiatoday.in/pti-feed/story/kathua-rape-and-murder-accused-to-file-fresh-petition-in-sc-seeking-cbi-probe-1229596-2018-05-08 * http://www.thehindu.com/news/national/sc-transfers-kathua-rape-and-murder-case-to-pathankot/article23802019.ece * https://in.reuters.com/article/india-rape/supreme-court-moves-trial-in-kathua-rape-and-murder-case-to-pathankot-idINKBN1I81B2 * http://www.greaterkashmir.com/news/front-page/sc-transfers-kathua-rape-murder-case-to-pathankot/284396.html * http://www.dnaindia.com/india/report-kathua-rape-and-murder-case-supreme-court-transfers-trial-to-pathankot-2612464 .