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 Court clarified in Hathras Gang Rape Case 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 states,
“…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 trialof Hathras Gang Rape Case 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.
Some intervenors urged the Court to direct the deployment of Central Reserve Police Force (CRPF) personnel for security in Hathras Gang Rape Case 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 Hathras Gang Rape Case as an adversarial litigation.
The Court was also told in Hathras Gang Rape Case 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.
