Hearing the PIL on the Hathras case, the Chief Justice of India observed that the incident was shocking and extraordinary, and ensured that the investigation in the case will be smooth.
The apex court ordered the UP government to file an affidavit detailing the protection extended to the victim’s family and the witnesses, if the family has a lawyer to assist to them and providing the scope of the High Court and how can the top court widen it. The matter is adjourned till the next week.
CJI to UP Govt: File an affidavit on— Utkarsh Anand (@utkarsh_aanand) October 6, 2020
1) how the family and witnesses are being protected
2) If the family has a lawyer to assist them
3) What’s the scope of High Court proceedings and how we can widen its scope
SC adds it will ensure the investigations is smooth.
An affidavit filed by UP government asks SC to order a CBI probe
The Uttar Pradesh government on Tuesday told the Supreme Court that the body of the 19-year-old Dalit girl, who died on September 29, was cremated under extraordinary circumstances at night to avoid “large-scale violence”.
The Yogi Adityanath government also added that despite its “diligent probe” into the Hathras case, there had been an attempt to build “false narratives” at the behest of some “vested interests”. SG Mehta, representing the UP government, urged the court that such false narratives can be stopped if it orders monitoring and investigation by a central agency.
Asking for a CBI probe, the affidavit filed by the UP government claimed that a section of media is trying to give a communal & casteist colour to the Hathras incident and therefore the apex court should direct a court-monitored CBI investigation in the case, rooting out the false narratives.
Indira Jaising demands transfer of the case to Delhi, CJI says she had no locus standi
Senior Advocate Indira Jaising appeared in the court seeking protection of the victim’s family. She further reiterated that the justice can be done only if the trial is shifted to Delhi from Allahabad High Court, saying that a judicial probe, under the aegis of a former judge is preferable.
However, CJI sharply retorted, “We are hearing you because the incident is shocking and extraordinary. We are also appreciating your assistance but you may not have the locus. Let us hear the petitioners also.” CJI also added that whatever is being argued in the Supreme Court can be argued by the High Court as well and they may even benefit from the High Court order first.
Solicitor General also rebutted Indira Jaising, claiming the family had already been granted the security by the government. “Things are being argued here without knowing the facts. Witnesses are being protected,” he added.