Home Legal News [Hathras Gang Rape Case] Victim’s Family Moves Allahabad HC for Release From “ Illegal Confinement” by District Authorities

[Hathras Gang Rape Case] Victim’s Family Moves Allahabad HC for Release From “ Illegal Confinement” by District Authorities

by Shreya
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A petition has been filed in Allahabad High Court on behalf of the family members of the Hathras victim in hathras gang rape case, alleging that the district administration has illegally confined them in their house.

The court has been requested to direct the district administration that the “family members be released from illegal confinement and allowed to move out of their house and meet people”.

Following the death of 19-year old Dalit victim, who had told the police she had been gang-raped by upper-caste men, the family says that they “were not given custody of the corpse of the deceased victim and they remained forcefully confined in their homestead land and continue to remain as such.

Also Read: The Incidents After the Victim’s Death Has Shocked Our Conscience’ – Allahabad HC Takes Suo Moto Cognizance of Hathras Gang Rape Case

Contentions in the Plea

The plea states that there has been a suspension of Constitutional order in the Hathras District where the brutal gang-rape and murder of the victim took place. It is stated that her death has been followed by illegal and ghastly treatment of her and her family.

It is further submitted that since the date of the victim’s death in Hathras gang rape case, the State authorities have gheraoed the homestead land of the family and had initially also snatched away their phones as well in Hathras gang rape case.

The petition adds,

As part of this scheme, the administration had installed blockades in and around Hathras District, and persons who seek to travel to the area are being prohibited to do so without any lawful reason, and being prevented from doing so by use of illegal force and measures.”

It is submitted further in plea for Hathras gang rape case that the family members have been prevented from meeting or communicating freely, thereby violating their Fundamental right to freedom of speech and expression as well as the right to receive information.

Prayer

The family has now urged the High Court for directions to release them from illegal confinement, contending that the State’s actions violate their Fundamental Rights under the Constitution and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The petition, filed through Advocates Mehmood Pracha, SKA Rizvi and Joun Abbas, further prays for a direction to the State to ensure the safety and security of the family members till they are produced before the High Court. The Court had ordered for their presence before it when it takes up the matter on October 12.

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