The Suo Motu matter of Hathras Case was heard before the Allahabad High Court at Lucknow on 02.11.2020.
Now the detailed order of the proceedings held on 02.11.2020 is out. The order is divided into followings heads:
Morphing of Hathras Victim Family Members Name:
In view of the direction of the Supreme Court in its Judgment dated 27.10.2020 passed in Writ Petition (Crl) No. 296 of 2020, the High Court has directed the Registry to morph the name of family members of Hathras Victim in its order dated 12.10.2020.
The Court has directed that, if required the copy of order available on the official website of High Court shall be corrected and old order be deleted.
Applications on behalf of Accused
Two applications were moved on behalf of the accused in this case. First application was for impleadment in the suo moto proceedings and second was for restraining media from publishing news in a manner which would prejudice the Right of Fair Trial of Accused.
On the first application, the Allahabad High Court at Lucknow, disposed of the same, observing that after passing of the order dated 27.10.2020 by the Supreme Court now the scope of these proceedings is two-fold.
Firstly, monitoring of C.B.I. Investigation into the alleged crime,
Secondly, the issue of illegal cremation of the deceased victim and all matters related thereto.
As regards the accused, they do not have much of a right/locus at this stage of the investigation so far as its monitoring is concerned and also regards the alleged illegal cremation.
This proposition was fairly accepted by the Sri Luthra Senior Counsel appearing for the accused.
Therefore the Court disposed of the application with the observation that applicants shall have a right of hearing as, and when, if at all, any of their rights are adversely affected
or likely to be adversely affected in these proceedings in any manner.
On Second Application, the Court has remarked that in its earlier order dated 12.10.2020 the Court has already requested the media as also political parties to exercise restraint while expressing their views on the subject matter involved in these proceedings in a manner which does not disturb social harmony and/or infringe upon rights of victim’s family and that of accused.
Whether It is Fair to Allow Hathras DM To Continue Pending Investigation?
The Allahabad High Court at Lucknow asked Shri S. V. Raju, Senior Counsel appearing for State whether it was fair and reasonable to allow the District Magistrate to continue at Hathras during the pendency of the investigation?
As also these proceedings before High Court regarding illegal cremation etc. when he
was in the thick of things, and would it not be appropriate to shift him elsewhere during the pendency of these proceedings without there being any stigma attached to such action only to ensure fairness and transparency in the matter.
Shri SV Raju assured the Court that he will convey it to the State Government and come back to on this issue by the next date.
Pressure is Being Exerted to Return the Compensation
Ms Seema Kushawa, Counsel of the Hathras Victim’s family, submitted as follows:
- The family wants to shift outside U.P. for their protection.
- State Government has not fulfilled its promise to give employment to one member of the family.
- Pressure is being exerted for returning the compensation amount received by the family.
However, the State government refuted these allegations.
Directions issued by Allahabad High Court at Lucknow:
- CBI has been directed to file a status report with regard to the ongoing investigation, before the next date.
- It shall also indicate as to approximately how much time is likely to be taken to complete the investigation.
- Director-General, Central Reserve Police Force, New Delhi shall be impleaded as Respondent.
Now the next date of hearing is 25.11.2020