The Supreme Court has reserved its verdict on several pleas filed in the Hathras case. During the hearing, the court heard submissions on several points mentioned in the pleas, including shifting the case outside Uttar Pradesh, the security of the victim’s family, administration role in probing the case, and more.
Shift the case out of Uttar Pradesh
Solicitor General Tushar Mehta informed the court that the victim’s family said Adv Seema Kushwaha would be representing the case for them. He added that the family asked for an additional lawyer appointed by the government. Adv Khushwaha requested the court to shift the proceedings out of Uttar Pradesh, preferably in Delhi. She also informed the court that the State Government had submitted the compliance affidavit in connection to the security provided to the witnesses.
We do not expect a fair trial in UP, says Adv Indira Jaising
During the submission, Advocate Indira Jaising said that they do not expect a fair trial in the state of Uttar Pradesh. The investigation has already been botched up in the state, and the police have failed to write down a number to the FIR registered in the case. Thus, the case should be monitored by a constitutional court. Jaising asked the court to transfer the case from Allahabad to Delhi and mentioned that Adv Khushwaha has already submitted a request in the context.
We want intensive monitoring of the case by a constitutional court. We want a special PP to be appointed. We are not satisfied by witness protection granted by the UP Govt but want it by the CRPF. The victims have grievance against the State, says Jaising— Live Law (@LiveLawIndia) October 15, 2020
She also demanded a special PP to be appointed by the court. She mentioned the Unnao case and asked for CRPF protection for the witness. To the request of CRPF protection, Advocate Harish Salve appearing for the Director-General of Police, Uttar Pradesh, said that the state is fine with the transfer of protection requests to CRPF. Still, it should not reflect on the UP Police and requested the court to clarify it in the order.
The Hathras Case has become a political battleground. A 19-year-old woman was strangulated, and later she succumbed to injuries on 29th September. The case has already been transferred to CBI, and the state government has ensured the court that there will be a fair trial. Based on the SIT report, the UP government ordered a family narco test to which they refused to comply. There are several inconsistencies in the case that need to be clarified for a fair trial for which CBI was roped in on the state government’s request.