[Hathras] Allahabad HC Calls For Status Report From CBI, Asks State About Possibility Of Transferring DM Elsewhere [Read Order]

The Allahabad High Court on Monday called for a status report from the CBI on the status of its investigation into the Hathras gang-rape, also inquiring as to how much time would be required to complete the probe."The C.B.I. is directed to file a status report with regard to the ongoing investigation, before the next date. It shall also indicate as to approximately how much time is likely to be taken to complete the investigation", directed the bench. The bench took note of the applications by two of the accused, one, for impleadment, and two, for appropriate directions restraining media houses and journalists from publishing any news/article or report in any manner whatsoever in respect of matters which would be subject matter of trial and any statement prejudicing the applicant's right to fair trial.Intervention Application By Accused"As regards the accused, they do not have much of a right/locus at this stage of investigation (by the CBI) so far as its monitoring is concerned and also as regards the alleged illegal cremation. They are not necessary parties to the proceedings, however, if at any stage of the proceedings any issue arises touching upon the rights of accused or an issue arises as to the scope of monitoring of investigation, then, they may be heard", observed the bench, disposing of this application with the observation that applicants shall have a right of hearing as and when, if at all, any of their rights are adversely affected or likely to be adversely affected in these proceedings in any manner.Guidelines To MediaAs regards the other application seeking restraint order against media houses and journalists, the bench iterated that in their order dated 12.10.2020, the Court has already requested the media as also political parties to exercise restraint while expressing their views on the subject matter involved in these proceedings in a manner which does not disturb social harmony and/or infringe upon rights of victim's family and that of accused. "No one should indulge in character assassination of victim just as accused should not be pronounced guilty before a fair trial.The Investigating Agency and the courts should be allowed to determine these issues", repeated the bench.In continuation, it said that it expects the Media to be guided by the pronouncements of the Supreme Court in this regard on the subject. In the HC's opinion, these observations are, for the moment, sufficient, and no further directions are required unless of course any specific instance prejudicial to the rights of the victim's family or accused or the pending investigation as also these proceedings, is brought to its notice in which case it may take cognizance of the same at the appropriate stage.Submissions By Victim Family's Lawyer Seema KushwahaThe counsel appearing for the victim's family Seema Kushwaha submitted that the family wanted to be shifted outside Uttar Pradesh to Delhi, for the sake of its security as it was apprehensive in this regard once the proceedings before the Courts etc. were over. Secondly, she apprised the Court about an alleged promise made by the State Government for providing employment to one member of the victim's family which had not been fulfilled as yet. Thirdly, she stated that although part of compensation had been received by the family some pressure was being exerted for returning it in view of some alleged statement made by some family members that the family did not want it. In this regard she referred to some letter of the District Magistrate but could not place it before the bench.Senior Counsel S. V. Raju appearing for the State refuted this contention and stated that there was no such move at all.The bench heard the version of the erstwhile SP, Hathras, who was present in court pursuant to the earlier order. version. He has also filed an affidavit which was taken on record. "He made a statement that it is he and the District Magistrate who had taken the decision to cremate the victim's body in the night", noted the bench, recording Senior Counsel for the state, S.V. Raju's narration of the outline of the events which took place on 29.09.2020 and on the night of cremation.He apprised the bench of the fact that the State Government had informed the Central Government about the order of the Supreme Court of India dated 27.10.2020 regarding provision of security for family members of the victim by the Central Reserve Police Force and that the CRPF had taken over security of the victim's family and witness. He also apprised the court of the steps taken for providing compensation to the victim's family and in this context he invited the bench's attention to relevant affidavits filed on behalf of the State. The bench was also informed that process of preparing a SOP (Standard Operating Procedure) as ordered by this Court on 12.10.2020 was on and a draft SOP had been prepared which had been shared with the amicus curiae and as and when the same is finalized it would be placed...

[Hathras] Allahabad HC Calls For Status Report From CBI, Asks State About Possibility Of Transferring DM Elsewhere [Read Order]

Mehal Jain

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