Satyama Dubey & Ors. Vs Union of India & Ors, WRIT PETITION (CRIMINAL) NO. 296 OF 2020 with Writ Petition (Crl) No.304/2020, Writ Petition (Crl) No.308/2020, Writ Petition (Crl) No.314/2020, and Writ Petition (Crl) No.316/2020, October 27, 2020.
The Hon’ble Supreme Court comprising of Justice S. A. Bobde, Justice A. S. Bopanna, and Justice V. Ramasubramanian heard the above Writ Petitions where various reliefs were sought in the pursuit of fair investigation and to bring the culprits to justice in the matter of Hathras gang rape. In this case, a 19 year old girl, resident of Hathras, Uttar Pradesh was brutally gang raped and assaulted, due to which she lost her life and she was later cremated in the middle of the night without the presence of her family members.
In W.P.(Crl.) No.296/2020, the petitioner has contended that considering the manner in which the incident has taken place, fair investigation would be possible only if it is entrusted to an independent agency.
In this regard court observed that,
The undisputed fact is that the investigation has in fact been entrusted by the State Government itself to the CBI on 10.10.2020 and the CBI has started investigation in respect of the crime on 11.10.2020. Therefore, the apprehensions expressed by the petitioners/applicants that there would be no proper investigation if the Uttar Pradesh Police conducted the same would not remain open for consideration at this stage and the grievance to that extent stands redressed.(Para 10)
About the plea of transferring the case from Hathras, Uttar Pradesh to Delhi, the court observed that,
Insofar as the transfer of the case to Delhi as sought by the petitioners/applicants, Ms. Seema Kushwaha, learned counsel for the victim’s family indicated that the need for transfer would arise after the investigation is complete. On this aspect we are also of the view that it would be appropriate for investigating agency to complete the investigation and in any event since the local police have been divested of the investigation and the CBI is carrying out the investigation there would be no room for apprehensions at this stage. However, the issue as to whether the trial of the case is to be transferred is a matter which is kept open to be considered if need arises in future. (Para 15)
Concerning the plea seeking a direction to be given to Central Reserve Police Force (CRPF) to provide protection to the family members and the witnesses in the present case, the court has observed:
However, in a matter of the present nature it is necessary to address the normal perception and pessimism which cannot be said as being without justification. In that view, without casting any aspersions on the security personnel of the State Police; in order to allay all apprehensions and only as a confidence building measure, we find it appropriate to direct that the security to the victim’s family and the witnesses shall be provided by the CRPF within a week from today.(Para 12)
The Hon’ble Supreme court has directed the High Court to monitor the investigation and the CBI shall report to the high court in the manner as directed by the High Court. The court also has taken note of the submission regarding the name and relationship of the family members with the victim which were depicted in the face of the order dated 12.10.2020 passed by the High Court in PIL(C) No.16150/2020 and the high court was requested to delete the same.
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Lalitha Sarvani. A
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