Let Allahabad HC deal with Hathras rape case, says Supreme Court

A 19-year-old Dalit woman was allegedly raped and then murdered by four upper-caste men in Hathras on September 14.
Supreme Court (File Photo | PTI)
Supreme Court (File Photo | PTI)

NEW DELHI:  The Supreme Court on Thursday said the Allahabad High Court would monitor the Hathras case in which a 20-year-old Dalit woman was allegedly gang-raped and assaulted, leading to her death. During a hearing before a bench headed by Chief Justice of India S A Bobde, advocate Seema Kushwaha — appearing for the victim’s family — submitted that the proceedings of the case be shifted out of Uttar Pradesh to a court in the national capital.

Advocate Kushwaha said the trial be held in a court in Delhi after the investigation was over. She also sought that CBI be asked to submit the status report of investigation directly in the apex court. However, the bench said, “We are here as appellate, ultimate supervisory body, but let the Allahabad High Court do it. We are here if there is any problem.” The court has reserved its order in the case.

Senior advocate Indira Jaising, representing one of the intervenors, also raised apprehensions of not having a fair trial in the state, claiming that the investigation had been botched up.  “We don’t expect fair trial in state of UP. The investigation has been botched up. We want intensive monitoring of the case by a Constitutional court,” Jaising said.

“We are not satisfied with the protection given to the victim’s family and witnesses by Uttar Pradesh. Let protection be given by the CRPF as was done in Unnao case. It is the very government against whom 
the victim’s family have grievances.” Appearing for the DGP of Uttar Pradesh, senior advocate Harish Salve requested the bench that CRPF should be deployed for security of witnesses.

During the hearing, Solicitor General Tushar Mehta referred to the affidavit filed by the Uttar Pradesh government, which said a three-fold security arrangement comprising five armed constabulary personnel, civil police including a guard and gunners, and CCTV cameras and lights had been put in place at the victim’s house.

The woman died at a Delhi hospital on September 29. The UP government and its police drew much flak after the body was cremated in the dead of the night despite pleas from the family to carry out the 
ritual the next day.

Questioning on
The CBI teams visited the families of four accused in the case. Before heading to Boolgarhi village, a CBI team questioned policemen at Chandapa police station. Sources said CBI questioned the family of an accused for over three hours.

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