Hathras case: SC verdict today on transfer of case from UP to Delhi, court-monitored probe
Oct 27, 2020
New Delhi [India], October 27 : The Supreme Court will on Tuesday pronounce its verdict on a PIL which has sought transfer of the trial to Delhi of the alleged gang-rape and subsequent death of a Dalit girl in Hathras, Uttar Pradesh, along with a court-monitored probe.
A Bench headed by Chief Justice SA Bobde will also decide whether the CBI probe in the case should be monitored by the top court or the Allahabad High Court.
The Public Interest Litigation (PIL) filed by an activist Satyama Dubey has sought a probe by the Central Bureau Investigation (CBI) or Special Investigation Team (SIT), monitored by a sitting or retired Supreme Court or High Court Judge.
The plea also seeks to transfer the matter from Uttar Pradesh to Delhi alleging failure of the State Government to take action against the accused persons.
A 19-year-old had succumbed to her injuries at Delhi's Safdarjung Hospital on September 29 after being assaulted and allegedly gang-raped in Uttar Pradesh's Hathras on September 14.
While reserving the order in the case after hearing all the parties, the Chief Justice had said that the apex court will also decide whether the Uttar Pradesh police or Central Reserve Police Force (CRPF) will provide security to the victim's family members and witnesses.
Earlier, Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, had informed the court about the security deployments outside the house of the victim and protection to her family and witness.
Senior advocate Harish Salve, appearing for the Uttar Pradesh Director-General of Police, had contended that the CRPF could be posted for family security but the court should clarify that it is no reflection on UP police.
On the other hand, Solicitor General Mehta stated that that the CRPF is not required and the state is completely non-partisan.
The girl was allegedly gang-raped and severely injured in Hathras, UP, on September 14. She succumbed to her injuries and 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 post-mortem report of the victim has said that she suffered a fracture of "cervical vertebra". Police have claimed the forensic report has revealed that the woman was not raped.
There was huge outrage by the opposition parties and civil society after videos surfaced, purportedly showing the administration cremating the body without the presence of the family members.
