Allahabad HC turns down habeas corpus plea filed by Hathras gang rape case victim's family

“If the petitioners have any grievance, they are at liberty to file appropriate petition/application before the apex court,” the court added.

Published: 08th October 2020 11:01 PM  |   Last Updated: 08th October 2020 11:28 PM   |  A+A-

 Justice, Judiciary, Supreme Court

Representational Image. (File Photo)

Express News Service

LUCKNOW: The Allahabad High Court on Thursday turned down the petition filed by family members of Hathras rape and murder victim alleging illegal confinement at their house by the district administration, saying, “Undisputedly, the apex court is in seisin with the entire case and the matter is being taken as public interest litigation by it."

Further, the state of Uttar Pradesh has already been directed to file an affidavit clarifying its stands.

Hence, in the aforesaid facts and circumstances of the case, judicial propriety demands that it will not be proper for this court to entertain the present petition on merits, especially, when security has been provided to petitioners –father of the victim and other family members of the deceased victim-girl on the observation made by the apex court and also on the basis of the directions issued by the Lucknow Bench of this court on October 1, 2020 in a suo motu petition”.

“If the petitioners have any grievance, they are at liberty to file appropriate petition/application before the apex court,” the court added.

Dismissing a habeas corpus writ petition filed by one Om Prakash, father of the deceased victim of Hathras rape case and other family members, a division bench comprising Justice Pritinkar Diwaker and Justice Prakash Padia further observed, “Without entering into the merits of the case, with the above observations, the petition is dismissed.”

Notably, family members of the Hathras rape victim had filed a petition before the Allahabad high court alleging that the district administration had illegally confined them in their house and that they were not being g allowed to move freely. Hence, the court has been requested to direct the district administration that the “family members be released from illegal confinement and be allowed to move out of their house and meet people.

The petition was filed by one Surender Kumar, national general secretary of the Akhil Bharatiya Valmiki Mahapanchayat, on behalf of Om Prakash, father of the victim, along with her mother, two brothers, and two more family members had filed the petition.

It was also alleged that “though at a later stage a few people were allowed to meet the petitioners, the district administration is still not allowing them (the petitioners) to move out of their house at free will”.


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