[Breaking] All aspects of Hathras case to be considered by Allahabad High Court: Supreme Court

The Supreme Court today ordered that all aspects of the Hathras gang-rape case as well as the alleged illegal cremation would be considered by the Allahabad High Court..The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian also stated that since the High Court would be dealing with the aspects pertaining to probe, the CBI will report to the High Court according to that Court's orders. The High Court, this judgment says, will proceed to monitor the probe as it desires.."...the incident having occurred within the jurisdiction of that High Court and all particulars being available, it would be appropriate for the High Court to proceed to monitor the investigation in the manner in which it would desire."Supreme Court.The Supreme Court also directed that the protection for the victim's family must be provided by the Central Reserve Police Force (CRPF) as a "confidence building measure" considering apprehension and pessimism about the State Police held. In doing so, however, the Court clarified that it is satisfied with the security detail provided for by the State Police but the handing over of security of the family to the CRPF is done as a measure to allay all apprehensions and is a step taken without casting any aspersions on the State Police.The judgment records,."...we are convinced that steps have been taken by the State Government to make adequate arrangement for security to the victim’s family and witnesses. However, in a matter of the present nature it is necessary to address the normal perception and pessimism which cannot be said as being without justification. In that view, without casting any aspersions on the security personnel of the State Police; in order to allay all apprehensions and only as a confidence building measure, we find it appropriate to direct that the security to the victim’s family and the witnesses shall be provided by the CRPF...".As far as the transfer of trial outside of Uttar Pradesh is concerned, the Court opined that with the transfer of the investigation to the CBI, there is no room for apprehension. However, the question of transfer of trial shall be kept open to be considered in the event a need arises to press for this prayer..The order was passed in a batch of pleas praying for an independent probe into the shocking gang-rape in Hathras followed by the police's alleged forced cremation of the victim's body in the dead of night without the consent or presence of her family..The petitions and applications that were taken up for hearing together also prayed for the trial to be transferred out of Uttar Pradesh, preferably to Delhi. Another request made was to ensure adequate witness protection for the victim's family..The Court had earlier sought to know from the State of Uttar Pradesh the steps taken on the aspect of witness protection. In its affidavit filed in response to the question, the state government gave details on all the security arrangements made for the victim's family, coupled with the installation of CCTV cameras. Some intervenors urged the Court to direct the deployment of Central Reserve Police Force (CRPF) personnel for security on the ground that the State Police was accused of having a role to play in the incident. While the Director General of Police (DGP) did not oppose to the request, it was prayed that should the prayer be allowed, a message should not go against the State Police.The UP government had maintained that it is not treating the case as an adversarial litigation..Govt has deployed adequate forces to ensure protection of Hathras victim's family members: State of UP files affidavit before Supreme Court.The Court was also told that the family had chosen to engage two lawyers to represent them, but had requested for a government lawyer to also be appointed. This submission was made in the affidavit after it was alleged in Court that soliciting of legal services was being done by some lawyers..The order on these issues was reserved on October 15..Pertinently, the Allahabad High Court had taken suo motu cognizance of the midnight cremation of the victim. During the course of the hearing before the Supreme Court, the Bench headed by CJI Bobde had also mooted as to how the scope of the case before High Court can be enlarged. It also opined that the case must be heard by the High Court first..Read Judgment:

[Breaking] All aspects of Hathras case to be considered by Allahabad High Court: Supreme Court

Shruti Mahajan

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