[Hathras Case] Is it fair for District Magistrate to continue at Hathras during pendency case? Allahabad High Court seeks response

The Allahabad High Court on Monday directed the CBI to file a status report with regard to the ongoing investigation in the Hathras rape case and to indicate how much time was likely to be taken to complete the investigation..This order was passed by a Bench of Justices Rajan Roy and Pankaj Mithal after the Supreme Court recently ordered that all aspects of the Hathras gang-rape case, including the alleged illegal cremation of the victim, would be considered by the Allahabad High Court..Considering the orders of the Supreme Court to the extent that the Central Reserve Police Force was required to provide security to the family members of victim and witnesses, the Registry has been directed to implead the Director General, Central Reserve Police Force, New Delhi as a party in the suo motu proceedings.."Let a responsible Officer of the Central Reserve Police Force file an affidavit indicating the nature of security provided and measures taken in this regard for the victim's family before the next date."the Court said..The Registry is further ordered to serve notice of the proceedings upon the Assistant Solicitor General of India at Lucknow as well..In furtherance of orders of the Supreme Court dated October 27, 2020, the concerned officials of the High Court have been directed to delete the names of victims' family members mentioned in the High Court's order dated October 12. The words 'family members of victim' are to be substituted in place of the recitals to be deleted..The High Court observed on Monday that the scope of proceedings before the High Court was two-fold:Firstly, monitoring of the CBI investigation into the alleged crime, and Secondly, the issue of illegal cremation of the deceased victim and all matters connected..Therefore, the Court disposed of the impleadment application by the accused with an observation that accused/applicants would have a right of hearing if at all any of their rights are adversely affected or likely to be adversely affected in the proceedings before the Court.."As regards the accused, they do not have much of a right/locus at this stage of investigation so far as its monitoring is concerned and also as regards the alleged illegal cremation."Allahabad High Court.Responding to an application seeking to restrain the media in their coverage of the case, the Court said that it expected the media to be guided by the pronouncements of the Supreme Court as in the case of Siddharth Vashisht @ Monu Sharma Vs. State (NCT of Delhi), M.P. Lohia Vs. State of West Bengal and Anr. and other similar pronouncements on the subject..Advocate Seema Kushwaha, appearing for the victim's family, submitted that the family wanted to be shifted outside Uttar Pradesh to Delhi, for the sake of their security. She pointed out that the family was apprehensive about their safety once the Court's proceedings conclude..She further apprised the Court about a promise made by the State Government to provide employment to a member of the victim's family, which had not been fulfilled as of yet. .Advocate Kushwaha added that although a part of the compensation promised from the Government had been received by the family, pressure was being exerted to returning the same after an alleged statement made by some family members that the family did not want it. .In this regard she referred to some letter of the District Magistrate, but could not place it before the Court. The State refuted this contention and stated that there was no such move at all..The erstwhile Superintendent of Police, Hathras, Vikrant Veer appeared before the High Court and made a statement that it was he and the District Magistrate who had taken the decision to cremate the victim's body in the night..Notably, during the course of arguments, the Court asked Senior Advocate SV Raju (appearing for the State), whether it was fair and reasonable to allow the District Magistrate to continue at Hathras during pendency of the investigation. .On this aspect, the Court pointed out that the Magistrate was involved in the thick of things. Therefore, the Bench questioned if it would be appropriate to shift him elsewhere during pendency of the proceedings, without there being any stigma attached to such an action and only to ensure fairness and transparency in the matter..Raju undertook to convey the issue to the State Government and come back to the Court with a response by the next date of hearing..The affidavits filed on behalf of the District Magistrate, Hathras, the then Superintendent of Police and the State Government were also taken on record..The matter will now be heard on November 25 at 3.15 pm..Last month, the Allahabad High Court took suo motu cognizance over the pre-dawn cremation of the 19-year old dalit woman who was stated to have been gang-raped and mutilated..The victim succumbed to her injuries at Delhi's Safdarjung Hospital yesterday. When her mortal remains were taken to her native place, the UP Police and administration allegedly cremated her body forcefully without the family's consent or their presence, in the dead of the night..Read the Order here:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.