E-Paper
Lucknow bench of Allahabad HC refuses to stay or transfer trial in Hathras gang rape case
High court makes it clear that its observations/directions for providing the requisite security to ensure non-disruption of the trial will continue
The Lucknow bench of the Allahabad high court has refused to stay or transfer the criminal trial in the Hathras gang rape case at the special court (SC/ST) in Hathras.
A division bench of Justice Rajan Roy and Justice Jaspreet Singh on August 26 said: “We do not find any reason to stay the proceedings in session trial (no. 538 of 2020, case crime no. 0005 of 2020) pending before the Special Court (SC/ST Act), Hathras.”
“Nor for that matter to transfer the same (case) elsewhere, which, though not specifically prayed in the application/affidavit, was requested orally during arguments on the earlier date on the grounds/allegations mentioned in the affidavit in support of the application for interim directions dated March 19, 2021 on behalf of the victim’s family members through advocate Sharad Bhatnagar,” the court added.
On September 14, 2020, a 19-year-old Dalit woman was allegedly raped by four persons in Hathras district of western Uttar Pradesh when she had gone to the fields to collect cattle fodder. She was partially paralysed in the attack.
As her condition deteriorated, she was moved to Delhi’s Safdarjung Hospital on September 28 and died there in the early hours of September 29. The incident led to nationwide outrage.
The Lucknow bench of the Allahabad high court took suo motu cognizance of the incident on October 1, 2020.
“We, however, make it clear that our observations/directions as contained in our order (dated 19.03.2021) for providing requisite security as also with regard to non-disruption of the trial by any person and the consequences which will follow on such disruption etc., for facilitating a free and fair trial, stand as it is, and they shall be implemented and complied by the concerned strictly,” the court observed on August 26 this year.
During the trial in the Hathras court on March 5 this year, a group of people, including lawyers, threatened the family members of the victim and their counsel in the court room.
On March 19, the Lucknow bench of the Allahabad high court had ordered the Hathras district judge to submit a report on the incident.
Following high court’s order (dated March 19, 2021) the district judge of Hathras conducted a detailed inquiry and submitted a report in a sealed cover.
Inspector General, central sector, CRPF (Central Reserve Police Force), Lucknow, also submitted a report.
The district judge’s report dated April 2, 2021, has the statements of 16 people, including Seema Kushwaha, the advocate of the victim’s family, the victim’s brother and mother, who were present at the time of the incident alleged in the affidavit of the victim’s brother, said the court. It also took into account the CCTV footage.
The report of the district judge, Hathras, is also accompanied by the report of the presiding officer of the court where the trial is being concluded.
The report submitted by the IG, CRPF, central sector, Lucknow, has the statements of Manmohan Singh (Commandant, 239 battalion), Chandra Shekhar Bhat (assistant sub-inspector), Bilas Rao Patil (hawaldar) and Idhate Sunil (constable).
Earlier, the Central Bureau of Investigation, which probed the Hathras gang rape case, filed a charge sheet against four accused in the special court in Hathras on December 18 last year.
The CBI charged the four men with gang rape and murder, basing its findings on the dying declaration of the woman and rejecting earlier statements by state government officials and the police that disputed rape.
