The Supreme Court on Tuesday termed as “shocking”, “horrible” and “extraordinary” the “gang rape” and murder of the 19-year-old Dalit girl in Uttar Pradesh’s Hathras district.
The court directed the state government to explain measures undertaken to provide adequate protection to witnesses and facilitate a transparent investigation and trial.
The court said it would “ensure” that the investigation into the case was “smooth” but indicated that since Allahabad High Court had already taken cognisance of the incident, it would examine the modalities that could be evolved for a free and fair trial, possibly under the high court. The apex court will hear the matter again next week.
Chief Justice of India S.A. Bobde, heading a three-judge bench, asked solicitor-general Tushar Mehta, appearing for the Uttar Pradesh government: “We want to know from you how the witnesses’ protection is being done… whether the victim’s family has chosen a lawyer.”
Mehta told the court that protecting the witnesses was the bounden duty of the State, which had already been taken care of. “Ms Jaising is asking for witness protection but many people don’t know that the witnesses are already under protection,” Mehta said, referring to lawyer Indira Jaising.
Jaising is among several lawyers who are appearing for separate petitioners who have sought a court-monitored CBI probe into the incident. Some of the petitioners have also sought transfer of the entire trial to Delhi.
The Supreme Court bench, which includes Justices A.S. Bopanna and V. Ramasubramanian, asked Mehta and other counsel about the status of the Allahabad High Court’s proceedings.
The CJI said: “We want suggestions from you all on how we can widen the scope of the proceedings before the HC.”
Mehta told the court that the state was not opposed to a CBI probe but the incident should not be sensationalised or politicised. “I am only praying that this court should supervise the probe,” he said.
When some of the counsel for the PIL petitioners wanted to argue, Justice Bobde said: “…The case is indeed shocking and extraordinary”.
But he questioned the locus standi of the petitioners to file petitions in a criminal case as only the State as the prosecution agency or the victim’s family can be heard.
Later, the Congress accused the Yogi Adityanath government in Uttar Pradesh of running a massive cover-up operation, claiming that blatant lies were included in the affidavit to the Supreme Court.
Mahila Congress president Sushmita Dev said: “Isn’t it mysterious that the PIL is not even listed, no notice was issued, but the Uttar Pradesh government files a 136-page affidavit? The affidavit is full of blatant lies. They have denied rape and claimed that cremation was done with full rituals in front of the family.”
