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Appoint sitting & retired SC Judges to monitor Hathras probe: petitioner

Sitting and retired judges of the SC should be appointed for an impartial probe into the Hathras crime, says petitioner

Sabrangindia 14 Oct 2020

Hahras Rape case

In his reply to the extensive UP-Government's affidavit has been filed by activist Satyama Dubey, the original petitioner in the PIL filed before the Supreme Court, seeking a court-monitored probe into the Hathras incident. Dubey has submitted that the state's affidavit about the constitution of a SIT was an"eyewash" and was filed even before issuing of notices, only to divert the Court's attention and to demonstrate that investigation in the matter is being carried out in the right direction.

"Affidavit was filed prior to the listing of the matter before this Hon'ble Court and in Anticipation and before the issuance of the notice in the above-mentioned matter.

…SIT was constituted by the State Govt. of U.P. just to divert the attention of this Hon'ble Court. In the present matter the petitioners had requested to constitute a SIT of the serving or retired of the Supreme Court of High Court Hon'ble Judges. A three-member Special Investigation Team or SIT was set up by the UP Government in great rush and it has received immense criticism over its handling of the case," Dubey has stated.

Dubey has stated that while the present SIT comprises of some respected persons but urged the Court to constitute another SIT comprising of former Supreme Court Judges, preferably:

  • Justice Uday Umesh Lalit

  • Dr. Justice D.Y. Chandrachud

  • Justice Madan Bhimarao Lokur, (Retd.)

  • Justice Kurian Joseph, (Retd.)

  • Justice R. Banumathi, (Retd.)

  • Justice Deepak Gupta, (Retd.)

He has emphasised that these justices have a vast knowledge of criminal jurisprudence.

During the hearing of the matter last week, the Supreme Court had questioned the locus of the Petitioners, stating that they were not family.

"This is a shocking incident. That is why we are hearing you. We don't know if you have locus... you are not family…. We know you are representing the petitioners. But who are the petitioners? Who are you? Everybody is shocked by this incident, but when a court asks you this, it means what is your locus?," CJI Bobde had noted.

In response, Dubey has submitted that the affidavit filed by the UP Government is replete of contradictions and the State only desires to shift its burden and cover up the incident. It is alleged that the Police has registered the FIR under Section 307 of IPC for attempt to murder, whereas the case is that of a brutal sexual assault/gang rape. The PIL was first heard by the court last week, directions were passed for stipulating Witness Protection Plan for the family of the victim. Besides, the Petitioner has submitted that he has a locus to maintain the petition as he is a citizen of the country, who was shocked by the brutal incidents and subsequent state action. "Every citizen has a right to approach before this Hon'ble Court if any injustice is caused by the State, State Authorities or State Administration," he submitted.

 

Related

BREAKING: A'bad HC summons suspended SP, Hathras on November 2, Victim was Entitled to Dignified Cremation

It has shocked our conscience: Allahabad HC takes cognisance of Hathras incident

Family of Hathras victim to testify in Court shortly

No dignity even in death for Dalits

Appoint sitting & retired SC Judges to monitor Hathras probe: petitioner

Sitting and retired judges of the SC should be appointed for an impartial probe into the Hathras crime, says petitioner

Hahras Rape case

In his reply to the extensive UP-Government's affidavit has been filed by activist Satyama Dubey, the original petitioner in the PIL filed before the Supreme Court, seeking a court-monitored probe into the Hathras incident. Dubey has submitted that the state's affidavit about the constitution of a SIT was an"eyewash" and was filed even before issuing of notices, only to divert the Court's attention and to demonstrate that investigation in the matter is being carried out in the right direction.

"Affidavit was filed prior to the listing of the matter before this Hon'ble Court and in Anticipation and before the issuance of the notice in the above-mentioned matter.

…SIT was constituted by the State Govt. of U.P. just to divert the attention of this Hon'ble Court. In the present matter the petitioners had requested to constitute a SIT of the serving or retired of the Supreme Court of High Court Hon'ble Judges. A three-member Special Investigation Team or SIT was set up by the UP Government in great rush and it has received immense criticism over its handling of the case," Dubey has stated.

Dubey has stated that while the present SIT comprises of some respected persons but urged the Court to constitute another SIT comprising of former Supreme Court Judges, preferably:

  • Justice Uday Umesh Lalit

  • Dr. Justice D.Y. Chandrachud

  • Justice Madan Bhimarao Lokur, (Retd.)

  • Justice Kurian Joseph, (Retd.)

  • Justice R. Banumathi, (Retd.)

  • Justice Deepak Gupta, (Retd.)

He has emphasised that these justices have a vast knowledge of criminal jurisprudence.

During the hearing of the matter last week, the Supreme Court had questioned the locus of the Petitioners, stating that they were not family.

"This is a shocking incident. That is why we are hearing you. We don't know if you have locus... you are not family…. We know you are representing the petitioners. But who are the petitioners? Who are you? Everybody is shocked by this incident, but when a court asks you this, it means what is your locus?," CJI Bobde had noted.

In response, Dubey has submitted that the affidavit filed by the UP Government is replete of contradictions and the State only desires to shift its burden and cover up the incident. It is alleged that the Police has registered the FIR under Section 307 of IPC for attempt to murder, whereas the case is that of a brutal sexual assault/gang rape. The PIL was first heard by the court last week, directions were passed for stipulating Witness Protection Plan for the family of the victim. Besides, the Petitioner has submitted that he has a locus to maintain the petition as he is a citizen of the country, who was shocked by the brutal incidents and subsequent state action. "Every citizen has a right to approach before this Hon'ble Court if any injustice is caused by the State, State Authorities or State Administration," he submitted.

 

Related

BREAKING: A'bad HC summons suspended SP, Hathras on November 2, Victim was Entitled to Dignified Cremation

It has shocked our conscience: Allahabad HC takes cognisance of Hathras incident

Family of Hathras victim to testify in Court shortly

No dignity even in death for Dalits

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