[Hathras Case] Cremation of Hathras victim was "well planned and organised": Teesta Setalvad led CJP seeks to intervene in Supreme Court

The Citizens for Justice and Peace (CJP) has filed an intervention application before the Supreme Court seeking to intervene in the Hathras case. Among other prayers, the CJP has urged the Court to transfer the case to the Central Bureau of Investigation (CBI) and to ensure that proper witness protection is accorded in the case. .The intervention by the Teesta Setalvad led CJP has been filed through Supreme Court Advocate, Aparna Bhat. It states that there are senior police officials and elected representatives who were "underplaying the heinous offence and prejudging the issue.".The application refers to reports where it was stated that an officer involved in the probe said that there was "no sexual assault.".Hathras: Will ensure that investigation is smooth, SC seeks details on witness protection, whether victim’s family has chosen lawyer.The applicant further calls for the Court to assign central reserve paramilitary forces for the security of the witnesses in the case, adding that none of the officers assigned should be from the cadre of Uttar Pradesh. The plea states that keeping in consideration "the economic background of the family of the deceased", and to avoid their "further alientation and intimidation", witness protection is needed.."Although the 2018 Witness Protection Scheme has been around for close to a year, on the ground, India's criminal justice system continues to reel without its implementation," says the IA. .The IA also highlights the tights of the deceased with a focus on the rights of the Valmiki and marginalised communities. The plea cites numerous judgments from the top Court including the 2002 verdict in the Ashray Adhikar Abhiyan case, where the Court held that even a homeless deceased person has a right to a decent burial as per religious beliefs. .Habeas Corpus plea in Supreme Court seeks release of Kerala journalist arrested while covering Hathras incident.The IA points towards the October 2 statement from the Uttar Pradesh government where it was stated that a polygraph and a narco analysis test for the victim's family would be conducted. .The applicant states that any such test would be in violation of the ruling in Selvi v. State of Karnataka where the top Court held that "no individual should be forcibly subjected to any of the techniques in question whether in context of investigation in criminal case or otherwise. Doing so would amount to unwarranted intrusion into personal liberty.".Substantiating the prayer for the case to be probed by the CBI under the supervision of the Supreme Court, the IA states that the mother of the victim had clearly stated that sexual assault had indeed taken place and that the victim in her video statements too gave a description of the upper caste men who sexually assaulted and raped her. However, even then certain videos were being circulated with "mala fide" intent stating that the girl never said she was raped. .The IA also prays that a retired Supreme Court judge be appointed to examine the circumstances which led to the cremation of the girl at night without her family..On October 7, a bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian directed the Uttar Pradesh government to file an affidavit containing details on the protection offered to witnesses, and whether the victim's family has chose a lawyer to represent them..The Court also asked for suggestions on how the scope of the proceedings before the Allahabad High Court can be widened..Following the horrific Hathras incident, a retired judicial officer moved the Supreme Court seeking an investigation against the police officials and the District Magistrate responsible for the forced cremation of the Dalit victim..The petitioner, Chandra Bhan Singh, is a retired judicial officer who served in the judicial system for over 25 years..The petition seeks for the investigation in the case to be conducted by an agency other than the State Police. It is also prayed that if the allegations concerning undignified and inhuman treatment of the body of the deceased victim are found to be true, then FIRs ought to be registered against the concerned officials..Hathras incident: Retired judicial officer moves Supreme Court seeking probe against police officials, DM over undignified cremation.Subsequently, the Uttar Pradesh Government also filed an affidavit, supporting the transfer of the probe to the CBI. In this affidavit, the State also asserted that its conduct in the case has been diligent, that the victim's family had consented to the cremation of the victim and that there was a political and media campaign to defame the State Government. .[Hathras gang-rape] Conspiracy to defame Govt, have requested CBI to take over probe to obviate fake narratives: UP Govt to Supreme Court.A 19-year-old Dalit girl was gang-raped and brutally injured in Hathras on September 14. She succumbed to her injuries at Delhi's Safdarjung Hospital on September 29. 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..The Allahabad High Court recently took suo motu cognizance of the case. The matter is scheduled to be heard by the High Court on October 12.