By IANS,
New Delhi : Two Jammu and Kashmir police officers facing prosecution in the rape and murder case of two women moved the Supreme Court Friday challenging a state court order that divested them of their right to approach a lower court for bail after their arrest.
A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam decided to hear Monday the plea by Superintendent of Police Javed Iqbal Mattu and Deputy Superintendent of Police Rohit Baskotra, after their counsel P.H. Parekh apprised the court of their lawsuit awaiting the court’s attention.
“How can the high court deprive our clients of their right to approach the lower court for bail?” asked Parekh, as the bench assured him that it would hear the matter Monday.
Parekh told the court that the Jammu and Kashmir High Court, which ordered the arrest of the two police officers for their alleged role in the rape-cum-murder in Shopian town, has also said that their bail plea would be heard only by it.
“How can the court pass such an order? The right to approach the trial court cannot be taken away,” said Parekh.