The sub-inspector and the constable are accused of destroying the crucial evidence for money to save the culprits. After hearing the argument, Justice Hanjura served notice to the concerned and asked for their response within two weeks
Mehbooba Mufti’s party urged Governor N N Vohra to “review” the decision.
According to the challan presented against them, SPO Deepak Khajuria was involved in rape and murder of the girl, while the other three policemen had tried to destroy evidence in the case.
A bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and Indu Malhotra brushed aside the objections of the counsel appearing for the accused and said their transfer was being done in view of the “exceptional circumstances”.
There are eight accused in the case, including one Sanji Ram, who is alleged to be the main culprit who had ordered kidnapping and murder of the girl belonging to the nomadic community.
The top court also directed the J&K police to file a supplementary charge sheet in the case within eight weeks.
The rape-murder case, he said, “appears to be a big conspiracy of terrorist organisations’’.
The accused claimed that he was taken to the Crime Branch office in Jammu and forced to write an application confessing his involvement in the case.
The trio, who studied with the accused in college, sought an independent enquiry into the “torture and sufferings meted out to them”.
The medical test on the accused was carried out on june 22 and 23 after District and Sessions Judge Tajwinder Singh directed the crime branch to conduct a bone ossification test to ascertain the age of Mannu.
The FIR comes after preliminary inquiry by the police into the complaint of Talib’s wife Nusrat Begum, 30. The directions for inquiry came on Thursday from Shabnam Sheikh, munsiff, Samba, and also the Chief Judicial Magistrate.
While transferring the case from Kathua to Pathankot, about 30 km away, the apex court directed day-to-day in-camera trial in the case.
While one of the eight accused in the case has already been declared a juvenile by a Kathua court, a second accused, facing trial before the Pathankot court, moved an application last week for treating him as a minor citing his matriculation certificate.
The SSP had been summoned by the trial court Friday after none of the 17 summoned witnesses were produced before the court.
According to the charge sheet, the victim was held in captivity at a small village temple in Kathua district where she was kept sedated and sexually assaulted before she was bludgeoned to death.