The Supreme Court Tuesday entrusted the Allahabad High Court with all aspects of the alleged Hathras gang-rape, including its monitoring of the probe by the Central Bureau of Investigation (CBI)..In so far as shifting the trial to Delhi is concerned, the bench led by CJI S A Bobde said the issue would be considered in the future once the investigation is over..The Court also directed that the victim's family and the witnesses be provided with Central Reserve Police Force (CRPF) protection. It added it was passing this direction in order to allay all apprehensions and only as a confidence-building measure and without casting any aspersions on the security personnel of the State Police.."Having taken note of the contentions and having perused the affidavit filed on behalf of the State Government we are convinced that steps have been taken by the State Government to make adequate arrangements for security to the victim's family and witnesses. However, in a matter of the present nature, it is necessary to address the normal perception and pessimism which cannot be said as being without justification", the Court said..On the appointment of the special public prosecutor, the Court said the High Court could also consider this aspect in light of the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989..The bench which also comprised Justice A S Bopana and V. Ramasubramanian, was ruling on a batch of petitions and an intervention application seeking a Court-monitored probe into the matter and the shifting of the trial from Uttar Pradesh to Delhi..Senior advocate Indira Jaising who appeared for a group of women lawyers had demanded CRPF protection to the family members and witnesses and also the appointment of a special public prosecutor in the matter..The Central Government on October 10, issued a notification instructing the CBI to take over the investigation of the alleged gang-rape and brutal mutilation of the 19-year-old scheduled caste woman..Earlier, the Allahabad High Court in a damning order against the Uttar Pradesh government in suo motu proceedings expressed its displeasure at the manner in which the dead body of the victim was cremated late at night without the consent and in the absence of her family members..After hearing the victim's family members and officials of the UP Government, a bench of Justices Pankaj Mithal and Rajan Roy at the Lucknow Bench said the late-night cremation of the victim's dead body in the name of a law and order situation, prima facie, was an infringement of the human rights of the victim and her family.."The victim was at least entitled to a decent cremation in accordance with her religious customs and rituals which essentially are to be performed by her family. Cremation is one of the 'Sanskars' i.e., antim sanskar recognized as an important ritual which could not have been compromised taking the shelter of law & order situation", the bench said..Read the Order.http://theleaflet.in/wp-content/uploads/2020/10/Supreme-Court-Order_Hathras-Case.pdf
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