The Supreme Court on Tuesday directed the Allahabad High Court to monitor the CBI investigation in the sensational Hathras case and also directed that security to the victim’s family and witnesses shall be provided by the CRPF within a week.
A bench, headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian, said: “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.”
The victim was allegedly brutally raped and assaulted and later she succumbed to the injuries at a hospital in Delhi.
The top court said the Central Bureau of Investigation, which was handed over the case, shall report to the High Court and the court would also consider the request for appointment of a special public prosecutor in the matter.
It noted that all aspects of the matter are left open to be considered by the High Court in connection with the incident where the investigation is to be conducted by the CBI and also the grievance put forth alleging illegal cremation.
On the contention of the lawyer for the victim’s family to shift the trial out of Uttar Pradesh, the top court said on this aspect, it of the view that it would be appropriate for the probe 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 the need arises in future,” it said.
On the request of Solicitor General Tushar Mehta, the bench asked the High Court to delete the name of and relationship of the family members with the victim being depicted in its order dated October 12.
The bench observed that since the incident occurred within the jurisdiction of that High Court and it is already dealing with the matter, therefore it would be appropriate for the High Court to proceed to monitor the investigation in the manner in which it would desire.
“From the order passed by the High Court, it is noticed that the High Court has adequately delved into the aspects relating to the case to secure fair investigation and has also secured the presence of the father, mother, brother, and sister-in-law of the victim and appropriate orders are being passed, including securing reports from various quarters,” the top court noted.
The apex court also directed the Chief Secretary of the state to bring this order to the notice of the CRPF forthwith with a request to provide adequate security to the victim’s family and the witnesses, and the CRPF shall report the same to the High Court.
