A bench comprising Chief Justice S A Bobde, Justice A S Bopanna and Justice V Ramasubramanian said as far as transfer of case to Delhi is concerned, it is appropriate for CBI to conclude probe and it will be decided later
Police personnel stand guard near the premises of the relatives of the 19-year-old woman who was allegedly gang-raped and killed by four men in Bool Garhi of Hathras district in Uttar Pradesh. Pic/AFP
The Supreme Court on Tuesday said that Allahabad High Court will monitor the probe by Central Bureau of Investigation (CBI) into the Hathras case, in which a woman was allegedly brutally raped and died of injuries.
A bench comprising Chief Justice S A Bobde, Justice A S Bopanna and Justice V Ramasubramanian said as far as transfer of case to Delhi is concerned, it is appropriate for CBI to conclude probe and it will be decided later.
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“All aspects, including security to victim's family and witnesses, will be dealt with by the High Court. The CBI will file its status report in Allahabad HC,” said the Bench.
On the request of the Solicitor General Tushar Mehta, the top court has requested the Allahabad High Court to erase the details of victim and her family recorded in the order.
The top court order has come on a plea filed by a social activist seeking court-monitored CBI probe into the Hathras case.
The three-judge bench had on October 15 reserved its verdict on a public interest litigation (PIL) and several intervention pleas of activists and lawyers who have argued that a fair trial was not possible in Uttar Pradesh as the probe has allegedly been botched up.
The lawyer, appearing for the victim's family, had told the top court that trial in the case be shifted out of Uttar Pradesh to a court in the national capital after completion of investigation.
A 20-year-old woman was allegedly raped by four upper-caste men in Hathras on September 14. She died on September 29 at Delhi's Safdarjung Hospital during treatment.
The victim was cremated in the dead of the night near her home on September 30. Her family alleged they were forced by the local police to hurriedly conduct her last rites. Local police officers, however, said the cremation was carried out "as per the wishes of the family".
During the hearing in the top court, activist-lawyer Indira Jaising had also raised apprehension of not having a fair trial in the case in Uttar Pradesh.
Solicitor General Tushar Mehta had referred to the affidavit filed in the top court 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 top 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 that 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.
(With inputs from agency)
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