New Controversy Brings the Kathua Rape-Murder Case Back into the Spotlight

In a new controversy surrounding the Kathua rape and murder case, the family of the eight-year old victim have dropped Jammu and Kashmir lawyer Deepika Rajawat as the counsel from the case, citing her “non-appearance” at the court hearings as the reason. As per reports, in an application submitted by the victim’s father before the Sessions Judge, Pathankot, it has been clearly stated that they are “satisfied by the progress in the case which is being argued by Special Public Prosecutors S S Basra and Jagdishwar Kumar Chopra, and assisted by K K Puri, Harbhajan Singh, Mubeen Farooqui and other advocates.”

The father of the victim has expressed his disappointment over Rajawat. He claimed that that the said lawyer has only appeared two or three times in over 100 proceedings until now.

The application read, “Since Advocate Deepika Singh Rajawat, who has appeared only two to three times in the case though the case has been proceeding day to day as per the order of Hon’ble Supreme Court of India for the last five months at Pathankot, had shown that she has threat to her life, as and when she came to Pathankot. So keeping in view her apprehension and non-appearance in the case, I hereby withdraw my power of attorney issued to Deepika Rajawat and now she is not my advocate.”

Talking to Newsclick, Mubeen Farooqi, the advocate representing the complainant in the case said, “We respect Deepika Rajawat for picking up the case when it was at its crucial stage. But she should also respect the victim’s family. They are not disregarding her. I was also present in the court, when they said that Rajawat has been saying that she is under threat since appearing in the case, but this is also true that she has only appeared twice. It is completely the family’s decision. Tomorrow, they can withdraw my services also. I think it has been blown out of proportion.”

‘I will be there for them’, Rajawat says

Newsclick tried contacting the victim’s father but was unable to get through. However, Rajawat has expressed astonishment over the withdrawal. Talking to Newsclick, she said, “I was there with the family in the initial and crucial stages when it was required. And I am still with them.”

She further added that, “In a criminal case, once the FIR is lodged, it becomes a state case under which State counsel are appointed, which we call Public Prosecutors (PP). There were 3 criminal public prosecutors and one Special PP in this case. Private counsel, which in this case is me, has no role to play but to assist the PP whenever it is required. We have to keep a check on the hearing, witnesses and assist the PP whenever the need arises. I attended the hearings twice and found out that the case is doing well and I am not required but I was simultaneously keeping a check on the status of the case. These are the technicalities which people need to understand. If I would have known that the trial was not going well I would have attended the hearings. I have fulfilled my duties and I still stand with them. I am for them.”

Further clarifying her stance, she said, “When my presence was required I was there. I took them to the High Court and Supreme Court and filed a transfer application.” Since, the news of withdrawal of Rajawat from the case became public, social media has been buzzing with people questioning Rajawat over her “non-appearance” in the case. “It is a clear conspiracy against me. I have the recordings where it has been said that the lawyers had asked the family to drop me as one of their lawyers. When I heard the recording, I was surprised and taken aback,” Rajawat added.

Rajawat shot to prominence when she spearheaded the case of the victim’s family during which she claimed to have received “death threats.” The victim, an eight-year old girl, was murdered and raped in Rasana village of Kathua district in the state of Jammu and Kashmir in January. The case became controversial after it was divided on communal lines, with few BJP leaders supporting the accused. Currently, the case has been transferred to Pathankot court, that is holding trial on day-to-day basis.

Also Watch: We Need to Raise Our Voices Now: Deepika Rajawat at AIDWA Rally