[Hathras Case] Transfer of District Magistrate made a political issue with oblique motive: State tells Allahabad High Court

The Central Bureau of Investigation (CBI) last week submitted a report before the Allahabad High Court pertaining to the status of investigation in the Hathras rape case..Advocate Anurag Singh, the counsel for the investigation agency, has informed the Court that the investigation was expected to be completed by December 10..The High Court bench of Justices Pankaj Mithal and Rajan Roy also queried after the instructions given by the State on the continuance of the District Magistrate at Hathras. .Earlier the Court had 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 the pendency of the investigation..Responding to the query, Raju informed the Court that the Government has decided not to transfer the Magistrate, asserting that a political game is being played to transfer him. .The Court recorded the State's submission that, "... a political game is being played and the transfer of District Magistrate has been made a political issue by political parties with oblique motive so as to exert political pressure.".The State further submitted that there is no question of the District Magistrate tampering with the evidence in this investigation. It added that the security of the victim's family was now in the hands of the CRPF, with which the State authorities have no concern. The investigation itself is being conducted by the CBI, and the State has no role. .The Bench further recorded that Raju also attempted to justify the cremation of the victim at the night and contended that the District Magistrate has not committed any wrong..However, the Court proceeded to adjourn the matter before delving further on the issue, citing the paucity of time.."As there is no time left, List/put up this matter on 16.12.2020 at 3:15 P.M", reads the order..Senior Advocate JN Mathur, who was appointed as an amicus to assist the Court, invited its attention to Draft Standard Operating Procedure prepared by the State Government for meeting such eventualities as had arisen in the instant case involving the cremation of a deceased consequent to a crime. .Mathur expressed reservations on certain clauses of the Draft SOP, to which Senior Advocate Raju stated that the Government was open to suggestions and the amicus may assist the Court on the same on the next date..Advocate Seema Kushwaha, appearing for the victim's family submitted before the Court that a job which was promised by the Government to one of the members of the victim's family had not yet been provided. .The High Court has directed the State counsel to ascertain the facts and assist the Court on this aspect as well in the next hearing..Kushwaha further clarified that the family never declined to accept the compensation offered. There was only an emotional moment when one of the family members stated that the loss of the victim's life could not be compensated. This did not imply refusal to accept the compensation, Kushwaha said..The matter will now be heard on December 16..In October, the Allahabad High Court had taken suo motu cognizance of the pre-dawn cremation of a 19-year old Dalit woman who is stated to have been gang-raped and mutilated in Hathras. .The family has alleged that the cremation conducted hours after the victim's death was without their consent. The State maintains that consent was obtained and that the cremation was conducted to avoid a law and order situation. .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.