Hathras Case Hearing: Court also heard government side with victim family, next hearing on two

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Hathras Court Hearing

Hathras Case Hearing: Heard in the Lucknow bench of Allahabad High Court on Monday from 2 o’clock in the day at Boolgarhi village of Hathras on the issue of the alleged rape, beatings, and the last rites of the victim with a deceased Dalit girl. The hearing lasted for about three hours. The court has taken suo moto cognizance of this matter. Court heard all sides, now next hearing on November 2.

The Lucknow bench of the Allahabad High Court on Monday, September 14 heard the alleged rape, beatings, and death of a Dalit woman in Boolgarhi village of Hathras. The court sought the favor of the five persons of the deceased woman’s family as well as the top officers including the chief of Uttar Pradesh Police and the DM and SP of Hathras. During this, AAG Vinod Shahi, on behalf of the government, presented the government’s side. Supreme Court lawyer Seema Kushwaha advocated the victim’s family.

The Lucknow bench of the High Court has now fixed November 2 for the next hearing of the case. A bench of Justice Pankaj Mittal and Justice Rajan Roy heard the case. Members of Hathras’ afflicted family put their sides in front of the bench. After this, DPG Hitesh Chandra Awasthi, Additional Chief Secretary Home Avnish Kumar Awasthi, ADG Law, and Order Prashant Kumar also informed the court about the action. Hathras DM Praveer Kumar Laxkar and SP Vineet Jaiswal informed the victim about the cooperation being received by the district and police administration.

Hathras Case Hearing

DM Praveen Kumar Laxkar said that the decision to conduct the last rites of the dead girl at night was taken due to law and order control in the district. There was no pressure from the government in this regard. After this, the court ended today’s hearing. The court has not yet issued an order. Senior advocate JN Mathur said that the court had taken cognizance of the case on October 1. The court also said today that the government will have to prepare guidelines for the cremation of dead bodies under such circumstances in the Hathras case. Additional Advocate General VK Sahi represented the state authorities of the state in the court. All five members of the aggrieved family in the court presented their views. After this, the court also questioned the Additional Chief Secretary Home, ADG Law and Order, and DM Hathras.

Family’s demand: CBI investigation report to be kept secret

Lawyer Seema Kushawaha said the victim’s family demanded that the CBI’s reports be kept confidential. We had also prayed that the matter is transferred out of UP.

The family demands that the case be shifted to Delhi or Mumbai. With this, it is the family’s duty to keep the family under strict security until the matter is completely ended. Security should be provided to the family.

Advocate Seema Kushwaha of the aggrieved party accused the Hathras police and administration. He said the family has said that the police did not conduct a proper investigation from the beginning. Disturbed us. We did not help in this case. Initially, no FIR was also written in this case. With this, the daughter was cremated at night without our consent. His funeral also did not involve us. We do not trust the police investigation. DM also puts undue pressure on the family. The case was listed before the Bench of Justice Pankaj Mittal and Justice Rajan Roy under the court’s ‘Right to the funeral procession’.

Strictness around the High Court more than normal days

Although there is regular rush around the High Court premises, there was a very high level of vigilance at all the gates on Monday for hearing in the Hathras case. Due to this, the lawyers as well as those whose problems were to be heard today. The entry of common vehicles on the road leading to gate number 6 was closed from 10:00 am.

At 1:30 pm in the court premises, the victim’s family was admitted from gate number five from gate number 5. During this time, media persons around the High Court were also not allowed to go. The victim’s family was supposed to leave from gate number 6 but due to sudden vigilance, the schedule was changed. The victim’s family was first taken to the Uttarakhand Bhawan in Vibhuti Khand in Gomti Nagar.

The case was listed before the Bench of Justice Pankaj Mittal and Justice Rajan Roy under the title ‘Right to a funeral in a dignified manner’. Taking automatic cognizance of the case on October 1, the court summoned Additional Chief Secretary Home, Director General of Police, Additional Director General of Law and Order, District Magistrate Hathras, and Superintendent of Police Hathras. The court had also asked the deceased’s mother-father, brother, and sister to be present.

Everyone’s eyes on hearing the High Court

The Lucknow bench of the Allahabad High Court summoned the high officials, including the DM-SP, to seek clarification on the case of such a forced funeral with a Dalit woman in Hathras.

SIT will continue its investigation

The SIT, constituted under the chairmanship of Secretary Home Bhagwan Swaroop, will soon complete its investigation and submit a report to the government. Additional Chief Secretary Home Avnish Kumar Awasthi said that the SIT has been entrusted with the investigation of the role of the police before the incident in Hathras and after the FIR was registered. The SIT will submit its report to the government. Five policemen including Hathras SP Vikrant Veer and the then CO Ram Shabd were suspended based on the first report of the SIT.

SIT is investigating, CBI will investigate

Former DGP Brijlal says that SIT has investigated, while CBI will investigate the incident. Both investigation and investigation are different. The government can take action against the police officers and personnel concerned about the deficiencies and mistakes found in the SIT investigation, but its investigation cannot be part of the investigation of the incident. If CBI wishes, it can take its investigation report from SIT.

The government gave an affidavit in the Supreme Court

In the Supreme Court on Tuesday, the Uttar Pradesh government gave clarification regarding the last rites. It claimed in an affidavit filed by the Hathras district administration that, to save the district from major violence, the parents of the deceased woman had to be cremated at night. Intelligence reports were received that there would be lakhs of people gathering there, which was likely to cause a big uproar. These people could give communal color with caste there.

On the same day, while hearing different petitions filed in the Boolgadhi case, the Supreme Court asked the UP government on three issues – the security of witnesses and family, whether the victim’s family has a lawyer, and what is the status of this case in the Allahabad High Court. Was asked to file an affidavit on this. Which is to be heard today. The case of the Boolgarhi case has been taken over by the CBI. On the recommendation of the state government, a notification for the CBI investigation of the Hathras incident has been issued on Saturday. The CBI has registered a case in Ghaziabad on Sunday with the case taking over. The team also reached Hathras in the evening. Today, the CBI investigation will accelerate. It is being told that the team will also visit the deceased’s village.

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