Budgam Rape Case: Lackadaisical and Indolent Approach of State, Says High Court

The Jammu and Kashmir High Court reprimanded the state government for failing to file the objections against the bail application of an accused alleged to be involved in the kidnapping and rape of a nine-year-old girl from Budgam district. On April 24, in his judgement, a single bench of Justice MK Hanjura observed the languid attitude of the state in protecting the interests of the victim, despite the number of opportunities provided to the counsel representing the state.

“A battery of lawyers has been engaged by the state to conduct and handle the matters in which the state is a party but one gets dismayed to see that even in cases involving horrifying and serious crimes the approach of the state is abject, dismal and desolate,” the court said.

An FIR was registered at Budgam Police Station under Sections 376 (rape) and 363 (kidnapping) of the Ranbir Penal Code last year against the accused, Mohammad Shafi Sheikh. The statement of the victim was recorded under section 164-A of CrPC by a local magistrate and later concluded by the police after an investigation that the girl had been kidnapped and raped by the accused.

The judge further observed “the lackadaisical, inattentive, incurious and indolent attitude of the state in this case which sends shivers down the spine of a man projects a tale of woes.”

The strictures passed against the state government by the High Court come amid the outrage over the gang-rape and murder of the eight-year-old minor in Kathua.

The ruling PDP’s alliance partner BJP usually takes a position wherein they take one step forward and two step backwards in matters demanding a critical stand by the government. Two ministers of the saffron party were forced to tender their resignationafter being caught up in a controversy over attending a rally supporting the accused in the Kathua rape case. This episode was followed by a promotion of another BJP MLAwho attended a rally supporting the accused in the same case to a rank of the minister during a cabinet shuffle, clearly to obscure the public about the position of the government regarding the issue.

Setting another example of ‘lawlipop politics’, the government is taking a similar position where on one hand it is talking about protecting minors by promulgating an ordinance to grant death penalty to rapists of children, and on another hand, the slothful attitude of the government can be seen in discharging its duties and providing justice to the Budgam rape victim.

Responding to the High Court reprimand, the government has now terminated the service of MA Beigh as Additional Advocate General who was representing the state in the Budgam rape case.

“Every attempt should have been made to get the application dismissed by filing the objections on time but unfortunately the state counsel has not discharged his duties and has failed to reply despite repeated opportunities granted by the court,” the Law Secretary said in his orders.

Though the bail of the accused was not contested by the state government, the High Court rejected the application of the accused as the offences involved were heinous in nature.