This is an unprecedented step for a state government. States generally do not flag their presence without the higher court issuing a notice and are often reluctant to accept a CBI investigation by court intervention in a matter within their jurisdiction.
Lucknow’s request came unilaterally, without even the court requesting it or issuing a notice in a PIL, seeking a court-supervised investigation into the incident, which was brought to a hearing. Qualifying the incident as “shocking” and “horrible,” the CS asked the UP government to present an affidavit within a week detailing the measures taken to protect the girl’s family, who had allegedly been gang-raped.
Presenting an affidavit saying it was committed to a “free and fair” investigation without the influence of outside considerations, the state said that UP police had diligently investigated the crime when the victim made the charges and amended them prior to his death. He asked the Center for a CBI investigation, as it found vested interests and political parties trying to tarnish the image of the state and Prime Minister Yogi Adityanath by selling “false and motivated” narratives through social media and other media.
The UP government also explained the hasty cremation of the victim at night, which caused widespread outrage, saying that the Dalit organization Bhim Army and other teams had planned violence on the subject by avoiding the last rites. He said the police kept the girl’s body with relatives until 2.30 am and then in their presence, and in accordance with religious practices, carried out the cremation.
When the Supreme Court Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian took over the PIL seeking a court-supervised investigation into the incident, a large number of activist-lawyers led by Indira Jaising demanded a Special Investigation Team constituted by SC (SIT) and an investigation that would be monitored by the court and also sought the transfer of the trial to Delhi.
The UP government, through Attorney General Tushar Mehta, registered no opposition to this request and said that the state was determined to find the truth and punish the guilty. Jaising said witnesses in the case must be protected. Mehta said they were already receiving police protection.
The court asked the UP government to submit an affidavit within a week detailing the measures taken to protect the girl’s relatives, who had allegedly gang-raped a week after the FIR’s registration for physical assault. She was admitted to JN Medical College, AMU on September 14 and filed the rape charges on September 22 before later succumbing in a Delhi hospital.
The court asked the lawyer to report next week on the scope and scope of the proceedings pending before the Allahabad High Court in relation to the Hathras incident. “Please tell us how we can broaden the scope of the investigation and make it relevant,” the CJI said, adding: “We will ensure that the investigation of the incident runs smoothly.”
In its 16-page affidavit, the UP government said that the investigation was not allowed to continue properly as vested interests continually floated false and malicious propaganda through social media, television and print media giving narratives to derail the investigation.
“The Supreme Court can keep the PIL pending while it conducts CBI investigations under the supervision of the higher court,” urged the UP government.
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