SC indicates Allahabad HC will monitor probe
The Supreme Court on Thursday reserved its order on petitions seeking transfer of the Hathras case from Uttar Pradesh to Delhi after the Central Bureau of Investigation (CBI) completes its investigation, even as it indicated that the Allahabad high court would monitor the probe into the gang rape of a Dalit girl up four upper caste men.
A three-judge bench headed by Chief Justice of India (CJI) SA Bobde — which was hearing a PIL and several intervention pleas of activists and lawyers who said no fair trial was possible in Uttar Pradesh as the the investigation has allegedly been botched up — said the Allahabad
high court be allowed to monitor the case in which the 19-year-old was allegedly brutally gang-raped and died of her injuries two weeks later in a hospital in Delhi, triggering nationwide protests.
Allaying the apprehension of petitioners, the bench said, “Let the high court deal with it. We are here if there is any problem.”
Solicitor general (S-G) Tushar Mehta told the court that it had no objections to the trial being monitored by any court but objected to interventions by activist Teesta Setalvad.
When a host of other lawyers and organisations poured in with their suggestions, the bench remarked, “We don’t need the assistance of the whole world in this matter.”
The hearing also witnessed deliberations that in no case the victim’s identity be disclosed and her family members and witnesses be given full security and protection. Seema Kushwaha, appearing for the victim’s family, demanded that the proceedings of the case be shifted out of Uttar Pradesh to a court in the national capital.
The apprehension of not having the fair trial in the state was also raised by activist-lawyer Indira Jaising who also made submissions on witness protection. She said the accused should not be heard at this stage.
At the outset, the solicitorgeneral referred to recent affidavit filed by the Uttar Pradesh government which gave details about the security and protection provided to the victim’s family and witnesses in the case.
The state government, which has already transferred the case to the CBI and has given consent to monitoring by the apex court, had filed the affidavit after the top court sought details on witness protection and on whether the victim’s family has chosen a lawyer.
Referring to the compliance affidavit, Mehta said victim’s family has informed that they have engaged lawyer and they have also requested that government advocate should also pursue the case on their behalf.
Senior advocate Harish Salve, appearing for the Uttar Pradesh director general of police (DGP), said that a request has been