Hathras incident: Retired judicial officer moves Supreme Court seeking probe against police officials, DM over undignified cremation

"Perturbed" by the recent happenings in Uttar Pradesh's Hathras, a retired judicial officer has 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 petition seeks for the investigation to be conducted by an agency other than the State Police. Moreover, 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, the plea further prays..The petitioner, Chandra Bhan Singh, is a retired judicial officer who served in the judicial system for over 25 years..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 plea laments the act of "manhandling" of the victim's cadaver with high-handedness by the police and local authorities. After the incident caused nation-wide outrage, the State Police was deployed to barricade and cordon off the entire village in order to prevent the media, politicians, activists, and protesters from meeting with the family of the victim, the plea notes."The village is fortified by the Administration with barricades due to furtive fallacy," the petition says..Singh claims that the right of the family to cremate the victim according to their practices and rituals under Article 25 of the Constitution stands violated..The petitioner also invokes Article 21 of the Constitution and asks whether or not the meaning of "person" to whom the right to life is guaranteed will include a person's right to dignity in death..The plea further states that while Hindu scriptures term those who obstruct the deceased from getting their last rites as "sinners", the Supreme Court has also held that Article 21 rights extend to the body of a deceased person. .In light of the same, the officials who allegedly prevented the victim from getting the last rites in line with prescribed customs ought to be charged after an investigation, the plea states..The petition is filed through Advocate Smarhar Singh..The Allahabad High Court recently took suo motu cognizance of the pre-dawn cremation of the 19-year old Dalit woman who is stated to have been gang-raped and mutilated before succumbing to her injuries.The matter has been listed for October 12. The family members of the victim have also been directed to be present before the Court so that it can further ascertain the facts..Following the registration of the suo motu case, petitions were filed against the proposed narco analysis test to be conducted on the family of the victim. The letter petition filed by activist Saket Gokhale states that the proposed narco analysis test is a means to coerce the family and intimidate them against deposing before the Court. Therefore, he has prayed for an immediate stay on the narco analysis test planned by the UP authorities at least till the family's statements are made before the Court on October 12..Hathras gang-rape: Activist moves Allahabad High Court, seeks stay on narco analysis test to be conducted on victim's family.Another petition filed by Tehseen Poonawalla urges the Court to ensure the personal presence of the police officers who were in charge on the day when the victim was cremated.He had raised the apprehension that owing to the State's move to transfer or suspend the concerned officials, the officers who were in charge when the victim was cremated may not appear before the High Court..Hathras rape: Tehseen Poonawalla writes to Allahabad HC raising concern over narco test, pressure on by victim's family, police suspensions.A petition was also filed before the Supreme Court seeking an investigation into the case by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) monitored by a sitting or retired Supreme Court or High Court Judge..Hathras gang-rape case: Petition filed before Supreme Court seeking transfer of probe to CBI or SIT, transfer of trial to Delhi