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Ms. Seema Kushwaha, learned counsel for the victim’s family asserted that the family had not received any assistance from the State except compensation. The hearing in the Hathras case that had led to countrywide outrage and protests took place at the Allahabad HC on on December 16, 2020 before Justices Rajan Roy and Pankaj Mithal,
She said, “The District Magistrate had given in writing to the family about acceptance of their demands based on their conversation with the Hon’ble Chief Minister of U.P. through video conferencing, however, except for the compensation part no other demand had been fulfilled.” She also proposed to file an affidavit involving a complaint by the father of the victim about the conduct of the District Magistrate to the Special Investigation Team. She stated that in spite the complaint, “it is not clear as to whether the same has been recorded by the SIT or not.”
To this, the court directed the State to file a report. “In this regard the State should file the first or interim report of the SIT”, the court said. With respect to the demand of the families, the State counsel S.V Raju submitted that as per instructions from the State and the District Magistrate, no such demands were made but he sought some time to get fresh instructions.
“He however offered to get back to us after seeking fresh instructions in view of the assertion of learned counsel for the victim’s family based on some written communication of the District Magistrate. He shall do so before the next date”, the court noted.
The Allahabad High Court has also gone through the audio-visual material on record and has proposed “to offer viewing of the same by learned counsel for various parties as also the then District Magistrate and SP Hathras and one or two members from victim’s family so as to facilitate further proceedings in this regard.”
They have fixed January 16, 2021 as the date for viewing Audio and Visual material available on record. After viewing the material, the court said that the counsels and the persons referred can file their responses thereafter. The parties are also expected to check the copies of the pleadings filed by other parties and file their responses, if need be.
During the hearing that took place on December 16, of this month, the court had noted that the CBI had not filed any status report on the investigation. On being asked to update the Court about the status of the investigation, the learned counsel for the C.B.I, Shri Anurag Singh informed that time for completing the investigation had been granted by the Court up to December 18.
According to media reports, the CBI filed its chargesheet today, on December 18, against the four accused men under sections of gang rape, murder and the SC/ST Act based on the then survivor’s “dying declaration” recorded on September 22.
Citizens for Justice and Peace (CJP) had also moved an Intervention Application (Crl. M.P. No. 102148 of 2020) that was listed third in the Supreme Court order demanding a CBI probe, protection of witness by Central Para Military Force and appointment of a retired Supreme Court Judge to investigate the circumstances which led to the cremation of the victim on September 30.
The top court had ordered for Central Reserve Police Force (CRPF) protection, a key plea in CJP’s application, for the family and witnesses as a confidence building measure. Subsequently, CJP had, through a Letter petition, dated October 9, 2020 sought to intervene in the ongoing suo moto matter in the Allahabad High Court (Lucknow bench).
The next hearing is scheduled to happen on January 27, 2021 at 3:15 pm.
The order may be read here:
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