Track CBI probe in Hathras case: Supreme court directs Allahabad High Court

The petitioners and all the intervening applicants in these matters have raised concern with regard to the WPNo.296 2020 etc Uttar Pradesh is alleged to have been raped brutally assaulted due to which she lost her life and also the In the meanwhile the remaining petitions and the applications were filed in respect of the same incident to Cr. M.P. No. 10597 Ramu alias Ram Kumar seeking indulgence of Court for ordering CBI investigation or formation of SIT to investigate the matter under a sitting or retired Justice of SC or HC. Further transfer of trial to Delhi is prayed for Prayer for impleadment as necessary party in the array of intervention and Seeking investigation to CBI 2. Protection of witnesses by central para military I.A. No. 101799 of Crl. M.P. No. 102148 India Women through its General Secretary Ms. Kuljeet Citizens for Justice and WPNo.296 2020 etc Crl. M.P. No. 105463 Radhika Vemula & Ors. Praying SC 3. Appointment of a retired Judge of circumstances which led to the cremation of the 1. Transfer of all connected cases of gang rape and death from U.P. to Delhi 2. Constitution of SIT for investigation into the gang rape and death tragedy in order to avert conducting polygraph test narco analysis or brain mapping on the 4. Protection to victim’s family and other 5. Directing respondents to strictly implement SC ST Prevention of Atrocities) Act 1989 1. Constitution of SIT to investigate the gang rape and murder case under the Court’s own to protection 3. Transfer of trial from U.P to SC ST Special Court in Delhi subject to consent from the victim’s 4. Appointment of a Senior Advocate as special prosecutor u s 15 of the SC ST Act 1989 I.A. No. 103488 of By Members of Delhi High Court and Supreme Court Bar Seeking orders for I.A. No. 106081 of impleadment as respondent in WPNo. 2920 or in the alternative seeking WPNo.296 2020 etc 55441 2020 etc D.No. 54893 2020 Letter petitions received by through E Mail Letter petitions received through e mail by post IA No. 105728 of Crl MP No. 1053620 Dalit Bachao Andolan Through its President O.P Shukla and Others Crl MP No. 105458 and 1054620 Vermula and Others permission to intervene in the For Appropriate directions being sought for by SC in the gang rape and murder case For Appropriate directions being sought for by SC in the gang rape and murder case seeking permission intervene to make appropriate submissions and suggestions as the matter is of extreme as he himself belongs to the SC community and direction to R to ensure dignified cremation of all the victims of crime and no discrimination to be made toward SC ST investigation against the officials who were cremation and illegal detention of the family to be monitored by upholding the rights of the SC and ST community and that of society at large  seeking CBI and SIT probe into the case as investigation was being conducted by the UP police. Crl MP No. 1054520 Samrakshana Munnani through its President Application for intervention seeking an investigation in the case against the accused and into the alleged lapses in the administration into the case. WPNo.296 2020 etc WP(Crl) No. 304 of Prayer for Bhan Singh Chandra Bhan Singh vs State of UP and Connected: WP(Crl No. 308 of 2020 Motilal Maurya vs State of UP and Others Connected: Petitioner Sushma Motilal Maurya WPNo. 3120 Public mail through its publisher vs Union of India Petitioner Public mail through its publisher investigation of the role of R3 R7 for mishandling of body of the victim to 2. Direction Investigating agency to get statement of the and brother of the victim before the magistrate and if the allegation made by the family are true to register FIR against the guilty Connected: Direction to take cognizance constitution of the HC monitored Investigation inquiry and suspension of the erring police medical etc trying to manipulate the evidence charges to be framed against police who cremation of the Victim 1. Mandamus to R to fix the responsibilities of the Police officials who burnt the girl in midnight and to punish them 2. Transfer the case to Delhi from Hathras 3. Direction to R to make special forum or frame guidelines for such rape 1. Register offence u s 166 A 193 201 202 203 212 217 153A and 339 of the IPC and 3(2 and 4 of the SC and ST Act 1989 against Govt officials destruction of evidence 2. Investigation by Special involved Task Force No. 316 of Janardhan Kamble Vs Union of India WPNo.296 2020 etc CBI and UP police 3. Deposit all the evidence collected at Safdarjung hospital for independent forensic lab protection by CRPF to the witnesses and members of the family of Crl.) No.296 2020 is referred. In the Writ Petition filed are praying that the Union of India and concerned arise by transferring the case to the Central Bureau of the matter. It is also prayed that a sitting or retired look into the matter. The petitioners have further prayed The case as put forth is that a 19­year­old girl resident of Hathras village in Uttar Pradesh was brutally WPNo.296 2020 etc gang­raped. The manner in which she was assaulted is referred to in the petition. Though she was shifted to was cremated in the middle of the night without the which the entire incident had taken place the petitioners The pleadings in the other writ petitions and the though different reliefs have been sought which in any up by this Court on 16.10.2020 Mr. Tushar Mehta learned Solicitor General had fairly submitted that the instant and the respondents are also interested that a fair Court Lucknow Bench having taken note of the incident WPNo.296 2020 etc registration of suo moto petition being of the prima facie view that the petitions filed before this Court need not be entertained at this stage since the victim’s family members and the witnesses. Having found Solicitor General was requested to secure instructions on to by the Special Secretary Home Department Uttar brothers one sister­in­law and grandmother of the victim who are residing at village Chandpa District Hathras Uttar Pradesh have been provided protection under a three­fold protection mechanism through Armed Constabulary WPNo.296 2020 etc of CCTV cameras lights. The details of each of the component is also stated in the affidavit and it is further stated that the Inspector of Police Station arrangement to deploy suitable police force for the same The Circle Officer Sadabad is to ensure robust security arrangements provided to them. The affidavit also states learnt that they have engaged Ms. Seema Kushwaha and Mr. Raj Ratan Advocates on behalf of the family as their The affidavit also indicates that the investigation by the CBI would be conducted under the supervision of the Court in a time bound manner. The Director General of Police State of Uttar Pradesh has also filed an affidavit indicating that the State Government itself has sought investigation by the CBI to be conducted under the supervision of the Court and on 10.10.2020 the CBI WPNo.296 2020 etc accepted the request of the State and has started investigation in respect of the crime on 11.10.2020. The orders dated 01.10.2020 and 12.10.2020 passed by the High Court and the fact that the High Court has been In addition to hearing Mr. Tushar Mehta learned Solicitor General who appeared for the State Mr. Harish Salve learned Senior Counsel for DGP and Smt. Seema Mr. Colin Gonsalves learned Senior Counsel who raised petitions and applications we have taken note of the submission made by Mr. Sidharth Luthra learned senior 10. Though various contentions were urged the undisputed fact is that the investigation has in fact been entrusted by the State Government itself to the CBI on WPNo.296 2020 etc of the crime on 11.10.2020. Therefore the apprehensions no proper investigation if the Uttar Pradesh Police conducted the same would not remain open for stands redressed. Though the petitioners had sought and the respondent­State also through their affidavit had referred to above a PIL(C)No.16150 2020 has been registered in the Allahabad High Court Lucknow Bench presence of the father mother brother and sister­in­law of the victim and appropriate orders are being passed including securing reports from various quarters. In that Court of the proceedings and take upon this Court to monitor the proceedings investigation. That apart the WPNo.296 2020 etc Court and all particulars being available it would be appropriate for the High Court to proceed to monitor the view it would be open for the writ petitioners applicants herein to seek to intervene in the matter before the High contentions to be urged by the petitioners applicants in witnesses the limited purpose for which this Court had filed no doubt indicates that sufficient steps have been taken by the State Government to provide protection. Ms Indira Jaising learned Senior Counsel would however be directed to be provided by the Central Reserve Police WPNo.296 2020 etc Public Prosecutor be appointed and the monitoring be Having taken note of the contentions and having 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 order to allay all apprehensions and only as a confidence security to the victim’s family and the witnesses shall be 13. On the aspect relating to the investigation since we have indicated that the High Court would look into that in the manner as would be directed by the High Court WPNo.296 2020 etc Special Public Prosecutor we see no need to pass any by the High Court in the light of the provisions of the Scheduled Castes and the Scheduled Tribes Act 1989. In the circumstance wherein the family members of the victim have chosen to engage Ms Seema Kushwaha and Mr. Raj Ratan Advocates they would 14. Therefore without expressing any opinion on the left open to be considered by the High Court in PIL(C With regard to the protection to the victim’s family and witnesses the respondent No.2 in WP(Crl) No.296 2020 shall bring this order to the WPNo.296 2020 etc by the petitioners applicants Ms. Seema Kushwaha learned counsel for the victim’s family indicated that the need for transfer would arise after the investigation is complete. On this aspect we are also of the view that it would be appropriate for investigating agency to complete out the investigation there would be no room for apprehensions at this stage. However the issue as to 16. Before parting we take note of the submission of the the family members with the victim being depicted in the to avoid such disclosure the High Court is requested to WPNo.296 2020 etc delete the same and also morph the same in the digital WPNo.296 2020 etc

Summary: The Supreme Court directs Allahabad High Court to keep an eye on the CBI probe into the matter of Hathras gang-rape and murder case. This judgement was headed by the Honorable Chief Justice of India S. A. Bobde, Justice A. S. Bopanna and Justice V. Ramasubramanian in the case of Satyama Dubey &amp; ors versus Union of India &amp; Ors. [WRIT PETITION (CRIMINAL) No. 296 of 2020]. The petitioner and other appealing parties were mainly disturbed with the fact that how brutally the girl was killed after being raped and was not cremated by her religious rites. Later the appeal was made to this court to have a fair investigation and seek justice for the 19-year-old girl residing in Hathras, Uttar Pradesh and the case to be transferred from U.P to Delhi for a fair trial. The court requested Allahabad High Court remove the facts from the order passed by the high court which disclose the details of the victim’s family. Further the Senior Advocate Indira Jaising submitted that “Investigation has been botched up completely and the FIR does not even have a number”, so a fair trial was not proceeded by the State of Uttar Pradesh. The court opinioned that it was open to the view of transferring the matter in future but for now the matter is to be monitored by the Allahabad High Court under the CBI probe. Before the case was taken up by the Supreme Court, the high court already made an appeal for a CBI investigation in the concerned matter for a fair trial “which is not within the administrative control of the State administration”. Thus they were of the view to transfer the matter to the CBI or to form an SIT under a sitting or retired Judge of the Supreme Court/ High Court from the plea which contended that the “Petitioner herein is demanding justice for the victim for the brutal attack, rape and murder of the victim”.