"This Is A Shocking Incident": Chief Justice On Hathras Case [Read Courtroom Exchange]

"We have filed the affidavit and are not opposing the petition. We have narrated the incident which has assumed importance....there are narratives and narratives surrounding the incident in public domain. We can't lose sight of the fact that a young, innocent girl has lost her life. The incident can't be sensationalised. There must an investigation into it which is fair and impartial and it must also appear to be fair and impartial...the investigation is underway...if Your Lordships want we can even constitute an SIT....Your Lordships can direct the CBI to investigate...the only thing is that the investigation must be under the supervision of this court...so that amidst the different narratives by political parties and various other people, the purpose of the investigation is not lost" began the SG."We are on the same page as the SG. We are only pressing for protection for the victim's family...that is critical for fair investigation", interjected Senior Advocate Indira Jaising."We understand. We are not saying that the incident is not shocking or that such things should be allowed to happen, or that someone should be held responsible and there should not be an investigation...we are only on the phenomena in this case before the court...we are not on the case but on the invocation of our jurisdiction", said the CJI."None of our prayers interfere with the jurisdiction of the Allahabad HC", clarified Ms. Jaising."We know our HCs...we have all been HC judges", said the CJ."Your Lordships may hear us and take appropriate decision...we are on the manner of disposal of the body....there is a certain jurisdiction which only the SC has and no other court does, and that its the jurisdiction to transfer cases...without casting any aspersions or siding with any narratives, I wish to submit that the situation is very tense...some 20 FIRs have been registered by the state against the protesters..so we are seeking a transfer to Delhi, as was done in the Unnao rape case...a special Court under the SC/ST Act can look into all issues, from the trial for rape, death and protection...and we are seeking protection for the family by way of witness protection. Sections 15 and 17 of the SC/ST Act grant certain special rights of witness protection, the right to be informed of all proceedings etc", argued Ms. Jaising."She may not know that the family is already under witness protection...", pointed out the SG."Also, we want no lawyer to solicit the case. We want NALSA to nominate a lawyer to represent the family, provided the kith and kin agree", she added."Why NALSA? We can appoint a lawyer", ventured the CJ."And then we are praying for Your Lordships to do complete justice by invoking your jurisdiction under Article 142! The Transfer jurisdiction!", she continued."Transfer of? Investigation or the trial?", asked the CJ."A SIT could be constituted by this court, which would also be monitored by the court...the family has clearly said that they don't want the matter to go to the CBI", replied Ms. Jaising."This is a shocking incident. That is why we are hearing you. We don't know if you have locus...", noted the CJ."This is an extraordinary case...100s have written letters,...", urged Ms. Jaising."We are not on your bonafides, but your locus in a criminal matter", clarified the CJ."We are not interfering in what is the sole privilege of the family as regards the trial", said Ms. Jaising."But you are not family. We understand and appreciate your presence. We are not saying that the incident is not shocking or that you're unnecessarily interfering ...we are only saying there may be no locus of your client", observed the CJ."We are not going beyond what we should..we are only craving your indulgence", said Ms. Jaisng."And we are giving it to you. Your assistance is appreciated. Now let us listen to the petitioner...", said the CJI."If I don't have locus, then how do the petitioners?', asked Ms. Jaising.At this point, the advocate for the petitioners began,"I am for 3 petitioners, the first is a lady...""We know you are representing the petitioners. But who are the petitioners? Who are you? Everybody is shocked by this incident, but when a court asks you this, it means what is your locus?", demanded the CJ."I am a woman. If I can't do something, I am requesting Your Lordships....if in the future...", the counsel sought to submit."We are sorry, we are not understanding...what did you say will happen to you? And 'in the future'? You are looking for anticipatory relief? You are appearing for all the women? The whole society? We understand your anxiety but keep quiet for now..", said the CJ.Next, Advocate Kirti Singh advanced, "We are 100 women lawyers who have been working on the issue of rape. We are looking for immediate protection for the family for the trial, and for the supervision of this court...we may not have the legitimacy of the family, but we are concerned. Your Lordships have allowed PILs in the past""We see your concern,...

"This Is A Shocking Incident": Chief Justice On Hathras Case [Read Courtroom Exchange]

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