The counsel for the bar association also told the court that some of the victims, who had been contacted telephonically by some of the accused who were roaming freely, have expressed the desire to withdraw their earlier statements, obviously under threat and pressure from the accused who have not been arrested despite having been identified.
The counsel further denied the allegations that the state bar association has passed any resolution directing its members not to defend the accused.
A bench, comprising Chief Justice Y K Sabharwal and Justice C K Thakker, was also told that those bar members, who had been suspended, were trying to divide the bar by forming a seperate group of lawyers coming from rural areas.
The bench issued notices to the CBI and the Jammu and Kashmir government on transfer petitions seeking transfer of the case from Srinagar to Jammu, on the ground of hostile atmosphere in the summer capital of the state.
The court directed the respondents to file their response within three days and adjourned the hearing till September 4, 2006.
Earlier, the court strongly pulled up the Srinagar Bar Association for passing a resolution asking its members not to appear for the accused in the case, describing it as violative of the judgment of the Supreme Court.
The court, however, made it clear that if there was sufficient material against the accused, their arrest could not be described as punitive.
The court was hearing the petition filed by CBI, challenging the High Court order directing it to report the progress in the case to the court on day-to-day basis and it was leaving no time for the officers to carry on the investigations.
There are, in all, 23 accused in the case, out of which 13 have filed petitions in the Supreme Court for transfer of the case.
The Bar Association, however, contended that former Advocate General of the state Anil Sethi and few others were seeking transfer and all other accused have no complaints as they are being duly defended in the trial court.
