Orders U.P. govt to file affidavit on how Hathras case witnesses are being protected
The Supreme Court on Monday mentioned it could ensure the investigation into alleged gang rape and the torture and homicide of a 19-year-old Dalit lady by higher caste Hindus in Hathras could be carried out easily.
“We will ensure the investigation part is smooth”, Chief Justice of India Sharad A. Bobde, heading three-judge Bench, mentioned.
Hathras gang rape | An extended caste feud, a horrific crime, and a sudden cremation
The court docket ordered the Uttar Pradesh authorities to file an affidavit, to position it on file, that the witnesses within the case are protected.
“We want it on affidavit on how Hathras case witnesses are protected. We want you to ascertain whether the victim’s family has chosen a lawyer. We want to know the scope of the ongoing proceedings in the case before the Allahabad High Court and how we can widen and make it more relevant”, Chief Justice Bobde addressed Solicitor General Tushar Mehta, showing for the State authorities.
‘Horrible and shocking’
The Chief Justice mentioned there was little question that what transpired with the sufferer was “horrible” and “shocking”.
There was little question that the case was “extraordinary”, the court docket mentioned.
The court docket is listening to a petition filed by Satyam Dubey to switch the case to the CBI or type a particular investigation staff (SIT) to probe the case underneath the supervision of the Supreme Court.
“We are not opposing the petition. But there is narrative after narrative about the incident in the public domain. A young innocent girl has lost her life, let us not sensationalise it. We want a fair and free investigation, we want the investigation to appear free and fair… Please ensure that the investigation is supervised by the Supreme Court”, Mr. Mehta conveyed the stand of the U.P. authorities.
An affidavit filed by the federal government mentioned “false narratives gained momentum at the behest of vested interests”. There was a “criminal conspiracy to spread caste conflict and instigate violence”. “Vicious propaganda” was being unfold by sections of the media with “oblique motives” and political pursuits. “Sections of political parties deliberately mislead the public to create communal disharmony”.
The affidavit famous that the federal government has already shaped a SIT and even requested the Centre for a CBI probe into the case.
During the listening to, senior advocate Indira Jaising, searching for an intervention within the case, highlighted the style through which the sufferer’s physique was cremated within the useless of the night time. She mentioned 27 FIRs had been registered in opposition to protesters. It was essential that the the stringent provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been utilized to the 4 accused individuals.
Ms. Jaising highlighted the necessity for witness safety. “The situation there is very tense”, she submitted. The challenge of switch of the case was wholly throughout the jurisdiction of the apex court docket, she mentioned.
Mr. Mehta mentioned the witnesses have been already underneath police safety. “Let us not sensationalise or politicise… I have said the different narratives outside can be stopped only by conducting a fair investigation”, he noticed.
Chief Justice Bobde insisted, “But we want it on affidavit that witness protection is in force”.
The court docket, nonetheless, didn’t take “identical submissions” made largely by individuals desirous to intervene.
Chief Justice Bobde informed them,“We are not saying anything about the incident. The incident is horrible, but how can we hear identical arguments? We are not saying you are busybodies, we are only saying a court of law need not hear same arguments by everybody”.