Libertatem Magazine

Supreme Court Disposed of All the Petitions & Applications Which Raised Concerns in the Hathras Case

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Many petitions and applications had raised concern regarding the Hathras case where a 19-year-old girl had alleged to have been brutally gang-raped.

Brief facts of the case

All the petitions and applications raised concern in the Hathras case regarding how a 19-year-old girl in Hathras, Uttar Pradesh alleged to have been raped and brutally assaulted, due to which she lost her life and also how she was cremated. The petitions were primarily taken on board by the Supreme Court & notice was ordered to the respondents returnable in a week. The remaining petitions and the applications sought diverse reliefs. This petition prayed to the Union of India and concerned authorities to order to conduct a fair investigation.

Arguments before the court

When the first petition came before the Court, the Solicitor General, Mr. Tushar Mehta submitted to conduct a fair investigation. 

Indira Jaising learned Senior Counsel submitted on behalf of the intervening advocates. She had raised concern with respect to the adequate protection being provided to the victim’s family members and the witnesses.

Sidharth Luthra learned senior counsel who appeared on behalf of the accused, contended that the legal right available to the accused shall not be ignored in the process. 

Observation of the court

The Supreme Court observed that the investigation had been assigned by the State Government to the CBI on 10.10.2020 & the CBI has started the investigation. Therefore, the petitioner’s contention that no proper investigation would take place if it is conducted by UP Police, would remain closed by this stage.

Decision of the court

The Supreme Court disposed of all the writ petitions and applications by directing that there isn’t any need to pass a particular order for the appointment of a Special Public Prosecutor. All aspects of this case are left open to be considered by the HC, in relation to the incident regarding which the investigation is to be conducted by the CBI and also about the grievance put forth alleging illegal cremation.

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