[Hathras] All HC Dismisses Habeas Corpus Petition Filed on Behalf of Victim’s Family

A Division Bench of Allahabad High Court comprising Hon’ble Justice Pritinker Diwaker and Hon’ble Justice Prakash Padia has dismissed the Habeas Corpus Petition filed on behalf of Family of Hathras Victim.

The Habeas Corpus Petition was filed by National General Secretary of Akhil Bharatiya Valmiki Mahapanchayat.

Akhil Bharatiya Valmiki Mahapanchayat claimed himself to be pairokar of mother, father, elder brother, bhabhi, minor brother, dadi of the deceased Hathras victim-girl and one Surender Kumar, resident of Sonipat, Haryana, claimed himself to be the Pairokar on behalf of the other petitioners.

According to the Petition filed before Allahabad High Court, after the death of hathras victim girl, the entire family has been detained since 14.9.2020 at their Village Boolgarhi, Post Meetai, PS Chandpa, District Hathras. 

It was stated in the Petition that their Cell Phones had been taken away by the Administration and the Administration had installed blockades in and around Hathras district.

Further, the Petitioner alleged that the persons, who wish to travel to the area, are not allowed to do so without any lawful reason and being prevented from doing so by use of illegal force.

 It was also pleaded that the dead body of the deceased victim-girl was never given into the custody of petitioners 1 to 6. Further case of the petitioners was that petitioners (family of Hathras Victim girl) wish to travel to Delhi as Mahapanchayat is assisting them in putting forward their case before the Courts.

As per the order, it has been stated in the Petition that petitioner no.7-Surender Kumar has been approached by the family of Hathras Vitim over the telephone and a Whats App message has been sent appointing Mr. Mehmood Pracha, as their Counsel. Screenshot of the Whats App message was filed along with the writ petition.

State Counsel raised the following preliminary objections:

  1. In view of the pendency of case (W.P. CRL. 296 of 2020) Styama Dubey & Ors. vs. Union of India & Ors.) before the Supreme Court, instant Habeas Corpus is not maintainable;
  2. No Vakaltnama has been filed along with the Petition
  3. Petitioners No. 1 to 6 has categorically denied that they have authorized Mahapacnhayt to file Petition.
  4. The screenshot of Whatsapp Message relied by the deponent is nothing but a forward message, whose details are entirely vague.
  5. Supreme Court has already directed the State of U.P. to provide protection to the family and compliance thereof adequate protection and security has already been provided to the family of Hathras Victim.
  6. State has also installed CCTV cameras near the house of Haths Victim’s Family to prevent the entry of unauthorized and unsocial elements.
  7. Habeas Corpus Petition not maintainable at the behest of a person whose antecedents are unknown and unverifiable.
  8. Family of Hathras Victim are free to move, wherever they want, and they have not made any request to the administration to going anywhere.
  9. If the family is allowed to go to Delhi Escorts free the purpose of security and order of Supreme Court would be frustrated.
  10. Successive habeas Corpus Petitions have been filed by the same person, which is nothing but abuse of process of Court.

The State Counsel produced the following documents in support of his submission:

  1. Photocopy of the handwritten statement of the family members of Hathras Victim, stating therein that they have not authorized anyone to file such a petition on their behalf; and
  2. Photocopy of a letter dated 07.10.2020 sent by standing Counsel for the UP, Supreme Court, addressed to the State Counsel.

Hon’ble Division Bench of Allahabad High Court asked Counsel for the petitioners that whether he wishes to intervene in the proceedings pending before Supreme Court, but the Petitioner replied that this Petition be decided on its merits.

Hon’ble Judges observed that undisputedly, the Supreme Court is in seisin of the entire case, and the matter is being taken as a PIL by the Apex Court. Further, the government has already been directed to file an affidavit clarifying its stands.

Considering the judicial propriety, the Court dismissed the Petition without entering into the merits of the case. 

Allahabad High Court also provided that if the petitioners have any grievance, they are at liberty to file appropriate petition/application before the Hon’ble Apex Court.

Case Details

Case No.:- HABEAS CORPUS WRIT PETITION No. – 509 of 2020

Title:- Om Prakash And 6 Others vs State Of Up And 3 Others

Coram: Hon’ble Justice Pritinker Diwaker and Hon’ble Justice Prakash Padia

Counsel for Petitioner:- Sayyed Kashif Abbas Rizvi, Joun Abbas

Counsel for Respondent:- G.A.

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