Not satisfied with reasons for cremating victim at night: HC

The court asks: Why two officers (DM and SP) were treated differently -- SP suspended and DM is still continuing in Hathras?

LUCKNOW: The Lucknow bench of Allahabad high court is not satisfied with the reasons given by the Hathras district magistrate (DM) for cremating the body of the gang rape victim in the night and not permitting family members to have a look at the mortal remains of the deceased.

A division bench of Justice Pankaj Mithal and Justice Rajan Roy made this observation in its order on October 12 after recording the statements of Hathras DM Praveen Kumar Laxkar.

The order was uploaded on Tuesday. The bench also recorded statements of five family members of the 19-year-old woman, who died on September 29, about two weeks after she was allegedly gang raped on September 14, senior state government officials said on Monday. The court fixed November 2 as the next date of hearing.

“The district magistrate, however, as of now, could not satisfy us about observance of last rites while cremating the victim’s body as per traditions and customs of the family,” said the court.

“We do not at this stage find any good reason on behalf of the administration (Hathras) as to why they could not hand over the body to the family members for some time, say for even halfan-hour, to enable them to perform their rituals at home and thereafter to cremate it either in the night or next day,” said the court. “The anxiety of the court, as of now, is on two counts; firstly, whether there was any violation of fundamental rights of the deceased-victim and her family, and secondly, larger issues involved in the context of such rights, which are generally available to all residents of the state and even beyond it, so that valuable constitutional rights are not compromised casually and whimsically,” added the court. “Sensitivities of the people, which the Constitution recognizes as fundamental rights such as a right to decent burial/ cremation as per traditions and customs followed by the family, have to be respected,” said the court. “And if considerations of maintenance of law and order are pitted against such valuable rights, the situation needs to be handled deftly and responsibly on a proper appreciation of both the aspects as such valuable rights cannot be trampled or trifled casually or whimsically, especially when those likely to be deprived are of the downtrodden class, uneducated and poor,” observed the court.

The court also pointed out the trauma of the victim’s family.

“The mother of the deceased lamented that she wanted to see the face of her daughter but she was not allowed and, against her wishes, the body was cremated in the night. She broke down while narrating the entire story starting from the date of the incident when the girl was allegedly raped,” observed the court.

The court also took note of suspension of Vikrant Vir, who was superintendent of police, Hathras, when the incident took place and no action against DM of Hathras, Praveen Kumar Laxkar. “We specifically asked Awasthi (Awanish Awasthi, additional CS, Home) as to why, if the decision to cremate the victim in the night was a collective one as stated by the district magistrate, Hathras, himself, only superintendent of police had been suspended while the DM had been allowed to continue,” the court said. “He (Awasthi) stated that the first report of SIT had indicted the SP. However, on being asked as to whether, the SIT had absolved the DM and in fact whether the role of the DM was the subject matter of SIT enquiry, he stated that it was not,” said the high court.

“He (Awasthi) could not give any satisfactory reply in this regard, as to why the two officers had been treated differently,” the court said.

“We then asked him (Awasthi) as to whether, it is proper and/or fair to allow the DM to continue at Hathras in the facts of the present case, especially as the investigation and these proceedings relating to the very incident in which he had a role to play, are pending,” said the court.

“Awasthi stated the government will look into this aspect and take a decision,” added the court. “We expect a fair decision in this regard, at the earliest,” observed the court.

The court also ordered the state government to ensure safety of the victim’s family and to keep confidential the investigation report of SIT and CBI, which is now probing the case.

The court also ordered the then SP, Hathras, Vikrant Vir, who is now under suspension, to appear before court on next hearing to record his statements.