Hathras: All aspects of the case to be considered by Allahabad High Court, rules SC

The Supreme Court on Tuesday ordered that all aspects of the Hathras gang-rape case would be considered by the Allahabad High Court, legal news website BarandBench.com has reported.

The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian also refused to comment on the merits of the case in its order.

The order was passed in a batch of pleas praying for an independent probe into the shocking gang-rape in Hathras followed by the police's alleged forced cremation of the victim's body in the dead of night without the consent or presence of her family.

The petitions and applications that were taken up for hearing together also prayed for the trial to be transferred out of Uttar Pradesh, preferably to Delhi. Another request made was to ensure adequate witness protection for the victim's family.

The court had earlier sought to know from the state of Uttar Pradesh the steps taken on the aspect of witness protection. In its affidavit filed in response to the question, the state government gave details on all the security arrangements made for the victim's family, coupled with the installation of CCTV cameras.

Some intervenors urged the court to direct the deployment of Central Reserve Police Force (CRPF) personnel for security 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 case as an adversarial litigation.

The court was also told 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.

Pertinently, the Allahabad High Court had taken suo motu cognizance of the midnight cremation of the victim. During the course of the hearing before the Supreme Court, the Bench headed by CJI Bobde had also mooted as to how the scope of the case before High Court can be enlarged. It also opined that the case must be heard by the High Court first.