Through the official account of CPI(M) on ‘X’ (formerly Twitter), we know that the Uttar Pradesh government has refused to appeal against the judgment of the Uttar Pradesh Court in the Hathras gang rape case that had acquitted 3 out of the 4 accused and had found the lone 4th accused to be guilty of culpable homicide not amounting to murder.

The post can be viewed here:

We are prisoners & accused are free: brother of Hathras victim to Brinda Karat & Subhashini Ali who went to inquire about their wellbeing. UP govt has refused to appeal against judgement that cleared 3 accused & found 4th guilty of “man slaughter” & not gangrape & murder. pic.twitter.com/PoguGaABUn

— CPI (M) (@cpimspeak) January 17, 2024

Notably, in March of 2023, a special court in the Hathras district of Uttar Pradesh had convicted the key accused Sandeep Sisodiya for committing culpable homicide not amounting to murder and had sentenced him to life imprisonment. On the other hand, the Special court judge, Trilok Pal Singh had acquitted Ravindra Singh, Ram Singh and Luvkush Singh. None of the four had been convicted of murder or gang-rape of the 19-year-old Dalit girl, even after having been charged for the same by the police.

While it may be a disappointment, the refusal of the Uttar Pradesh government to move the Allahabad High Court against the aforementioned judgment, the same does not come as a surprise in view of the deliberate role that the state government and authorities played in disrupting the investigation in the gang rape case. From delaying the swab test to ascertain sexual assault by eight days to refusal to transfer the District magistrate, the UP government had played an adversary to the victim and the Dalit family. It is crucial to remember that it was the state police that had forcibly cremated the dead body of the alleged gang rape victim after she had succumbed to her injuries.

It is important to highlight here the callousness shown by the Uttar Pradesh government while they sought to probe into the FIR relating to the alleged criminal conspiracy to spread caste conflict, instigating violence, incidents of vicious propaganda by sections of media and political interests. In the matter of Kerala-based journalist Siddique Kappan, who had been arrested in October 2020 while on his way to Hathras to report on the gang rape, the state government had vehemently opposed the grant of bail to Kappan in the Supreme Court, claiming that he had “deep links” with the Popular Front of India. In September 2022, the UP government had further claimed that Kappan was part of a larger conspiracy to “incite religious discord and spread terror.”

The same government was reported to not have complied with Allahabad High Court’s order to provide employment to one of the family members. On August 28, 2023, the Allahabad High Court, which had been monitoring the Hathras gang rape case, had been informed by Amicus Jaideep Narain Mathur about the same. It is essential to note that in July 2022, the High Court had issued directions to the state government to provide employment to one of the family members in as well as to relocate them to some other place outside Hathras keeping in mind the family’s social and economic rehabilitation and also the educational needs of the children.  The said order was passed by the HC pursuant to noting that none of the male members of the victim’s family was getting any employment opportunity as a consequence of the atrocity committed against them and the struggle of the Dalit family to seek justice against the dominant caste.

Ironically, in March 2023, the said order of the High Court was also challenged by the Uttar Pradesh government in the Supreme Court. Dismissing the challenge, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had expressed surprise at the State’s decision to challenge the High Court’s order in an appeal. And yet, the Uttar Pradesh government has refused to challenge the judgment delivered by the Sessions Court.

The gang rape and murder of the teenage Dalit girl had resulted in an uproar, which had put pressure on the state government as well as the courts to at least create an illusion of justice being delivered to the perpetrators. The final judgement in the case shows the vulnerability of Dalit women to sexual violence and caste-based discrimination prevailing in the state of Uttar Pradesh and the indifference of the state government, who chose to protect the dominant caste perpetrators, highlighting the urgent need for comprehensive reforms to address these deep rooted issues in UP.

Related:

Hathras Verdict: Justice not delivered

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SC grants journalist Siddique Kappan bail in Hathras conspiracy case

Hathras Case: Journalist Siddique Kappan moves SC seeking bail

A year on, Hathras victim’s family awaits a house, pension and employment

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It is essential to note that in July 2022, the High Court had issued directions to the state government to provide employment to one of the family members in as well as to relocate them to some other place outside Hathras keeping in mind the family’s social and economic rehabilitation and also the educational needs of the children. The said order was passed by the HC pursuant to noting that none of the male members of the victim’s family was getting any employment opportunity as a consequence of the atrocity committed against them and the struggle of the Dalit family to seek justice against the dominant caste.

It is crucial to note that in March 2023, the said order of the High Court was also challenged by the Uttar Pradesh government in the Supreme Court. Dismissing the challenge, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had expressed surprise at the State’s decision to challenge the High Court’s order in an appeal. Considering the special circumstances of the present case, the Supreme Court had upheld the order issued by the Allahabad High Court.

Notably, Amicus, Mathur further apprised the High Court of the judgment of conviction passed by the Special Judge Trilok Pal Singh. Through the judgment, the Uttar Pradesh Court held one of the accused of the crime to be convicted under Section 304 (Culpable Homicide Not Amounting To Murder) of the Indian Penal Code (IPC) read with Section 3(ii)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), 1989 while the other three accused were acquitted. It is essential to note that the Special Judge Trilok Pal Singh had taken the view that the Section of 302 (Murder) of the IPC cannot be invoked in the said case as the intent of the Prime Accused Sandeep to kill the victim could not have been ascertained. Essentially, none of the four accused were convicted by the Special court for the offence of gangrape or murder.

The bench was apprised that now, the only issues which remain for consideration are those which were reduced in writing in the initial orders of this Court regarding cremation of the deceased, violation of Fundamentals Rights involved in respect thereof if any and the accountability of the officers in this regard. The aforementioned submissions by the Amicus Cur, the bench posted the matter for further hearing on September 21 in view of the adjournment sought by the State.

 The rationale behind the July 2022 order of the High Court:

On July 26, 2022, a divisive bench of the High Court had registered a suo motu case on the the alleged murder and gang-rape of a Dalit girl in Hathras that took place on September 14, 2020. In July, the High Court had ordered the Uttar Pradesh Government to consider giving employment of one of the family members of the victim under the Government or Government Undertaking commensurate with the qualification possessed by them. The High Court passed the order taking note of the socio-economic backwardness of the family and the rights granted by the SC/ST (PoA) Act 1989. As per the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, it had been laid down that a Scheduled Caste/Scheduled Tribe victim of gang rape and the family in case of murder, is eligible for pension of Rs. 1,000 per month, or employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary, by outright purchase.

Based upon the Act and the Rules made thereunder, the Court came to the conclusion that the victim’s family has a legal basis for its claim of relocation and job. Notably, the Bench had rejected the argument state that the provision of employment in such a case would violate Articles 14 and 16, and held them to be without any constitutional and legal basis.

The High Court had also taken into account the fact that the majority of the population in the village belonged to the upper castes and the family was being targeted by other villagers. It was further provided in the court that even after being under the security of Central Reserve Police Force, whenever the family members go anywhere, they would be subjected to abuse and objectionable comments in the village. In this backdrop, the Court had directed the State to relocate the family elsewhere within the state.

The order of the Court can be read here:

Background of the case:

On September 14, 2020, a 19-year-old Dalit girl was allegedly gang raped by four ‘upper castes’ men and was left bleeding in the fields. She was found by her family and taken to the hospital in Aligarh. On September 28, 2020, she was transferred to Safdarjung Hospital in New Delhi where she succumbed the next day. After her death on September 29, 2020, her body was allegedly forcibly cremated by UP Police.

It is to be noted that on September 19, 2020, the victim had given her statement to the police where she had named Sandeep and another person. In addition to this, she had specifically mentioned she was attacked for resisting sexual advances. She even made a supplementary statement before the Magistrate and named Sandeep, Luvkush, Ravi and Ramu as assailant and accused them of sexual assault. Medical reports suggested use of force. on September 22, 2020, 8 days after the alleged gang rape had taken place, a swab test to ascertain sexual assault was conducted. Naturally, chances of finding evidence of sexual assault (such as sperm) were next to impossible.

The accused were charged under sections 376 (Rape), 376A (causing death due to rape), 376D (gang rape), 302 (murder) as well as section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SC/ST Act]. On October 10, 2020 the Central Bureau of Investigation (CBI) was handed over the case for investigation.

Related:

Hathras conspiracy case: two more accused granted bail by the Allahabad High Court

Jamia student leader, Masud Ahmed, gets bail in ED case, to remain in jail in Hathras UAPA case

SC grants journalist Siddique Kappan bail in Hathras conspiracy case

He had no work in Hathras: Allahabad High Court denies bail to journalist Siddique Kappan

A year on, Hathras victim’s family awaits a house, pension and employment

Hathras case: Allahabad HC refuses to stay or transfer ongoing trial outside Hathras

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In the ongoing trial of alleged gang rape and murder of a 19-year-old Dalit girl in Hathras last year in September, the Allahabad High Court has taken cognisance of the alleged threat to the family of the victim and their lawyers.

After the alleged gang rape, the girld had succumbed to her injuries on September 29 at Safdarjung Hospital, Delhi and was allegedly cremated in the middle of the night without her family’s consent.

Subsequently, on October 1, the Lucknow Bench of the Allahabad High Court took suo motu cognisance over the gang rape and post-midnight cremation stating, “The incidents which took place after the death of the victim on 29.09.2020 leading up to her cremation, as alleged, have shocked our conscience, therefore, we are taking suo moto cognisance of the same.”

Threat to the victim’s family and lawyers

Recently, an affidavit has been filed by the victim’s brother in the High Court in connection with an unfortunate incident on March 5 when the prosecution witnesses presented themselves before the Special Court at Hathras where the trial against the crime is pending. The witnesses who were accompanied by their counsels, Sharad Bhatnagar and Seema Kushwaha, had appeared before the Presiding Officer, Special Court (SC/ST Act), Hathras.

Thereafter, an advocate named Tarun Hari Sharma, stormed into the court room and charged towards the victim’s family and their lawyers, “shouting and issuing threats”. Amongst the barrage of threats extended to them, the trial was interrupted and the family’s counsel Seema could not represent them.

The High Court further recorded that the affidavit stated that when Tarun Sharma aggressively approached them, it was evident that he was under the influence of alcohol. At the same time, a large mob, including lawyers, entered the courtroom and surrounded the applicant and the complainant’s counsel in order to threaten and intimidate them.

In these circumstances, the High Court Bench of Justices Rajan Roy and Jaspreet Singh noted that the Presiding Judge was forced to stop the trial proceedings on March 5. On being ordered to leave the courtroom, Tarun Sharma again threatened the applicant and his counsel!

The affidavit also states that on account of this ruckus created by Advocate Tarun Sharma and the mob, the witnesses could not properly depose on account of fear for their lives and security, and that there was a clear attempt to hinder the trial.

The havoc did not end here as when the proceedings resumed, another Advocate namely Hari Sharma who, as alleged, is the father of Advocate Tarun Hari Sharma, entered the courtroom and started threatening the complainant’s counsel. In these circumstances, the Presiding Officer was forced to stop the proceedings again.

The Presiding Judge observed the real and grave threat to the counsel and the applicant and “ordered the police personnel present in the courtroom to provide her (Seema Kushwaha) security cover within the court premises. The Court also ordered the S.H.O. of P.S. Kotwali to provide safe and secure passage to the complainant counsel, Advocate Seema Kushwaha, and to drop her at the Hathras border. It is only then that the counsel was able to leave Hathras district court premises and thereafter she has been unable to appear before the concerned court due to the risk to her safety and security.”

Yesterday, Sharad Bhatnagar, another lawyer representing the victim’s family, informed the High Court Bench that the trial was fixed before the Special Court at Hathras on March 19.  However, the counsel for the victim and the victim’s brother could not appear before the Special Court, anticipating the threat.

Senior Advocate SV Raju, appearing for the State submitted that if the facts as alleged are correct then it is a “serious matter” of which cognisance should be taken by the High Court and every effort should be made to ensure fair trial as also security to the victim’s family and the witnesses. He also submitted that he had no objection if a report is called for from the Presiding Judge and also if the trial is stayed in the interim.

The Amicus Curiae appointed by the court, Sri Jaideep Narayan Mathur, also emphasised the necessity of ensuring free trial in the matter, given the circumstances of the alleged gang rape and murder of a young Dalit girl and also, the incident which is alleged to have occurred on March 5.

CBI’s counsel has informed the court that it intends to file an application for transfer of the trial from District Hathras, elsewhere, within the State. The court also noted that the CBI has filed its charge sheet before the Special Judge, SC/ST Act at Hathras against the accused persons.

It is pertinent to note that the Central Reserve Police Force (CRPF) had been entrusted with the responsibility of providing protection to the family of the victim. CJP had also filed an intervention application in the case seeking witness protection by central paramilitary forces.

Directions

After perusing the horrific circumstances, the Division Bench has directed the District Judge, Hathras to inquire as to whether such an incident occurred on March 5 and send his report to the Court in a sealed cover.

“He shall also send a report of the learned Presiding Officer, Special Court, SC/ST Act who is trying Sessions Trial No. 583 of 2020 as to the incidents which may have taken place in his presence in the Court Room or outside. The District Judge shall before preparing such report go through CCTV Cameras, if any, installed in the court premises”, read the order.

The report is to be made available to the Senior Registrar of High Court (Lucknow) within 15 days who in turn shall place it on record of these proceedings.

Further, the court also directed the Inspector General, C.R.P.F. Central Sector, Lucknow to collect information from his personnel who have been deputed for security of the victim’s family and who, in all probability, must have accompanied the family to the Trial Court, as to whether any such incident, as has been narrated in the affidavit took place in the Court premises.

He has been directed to submit his report along with a report of the concerned officer of CRPF who may have been present on the spot, in sealed cover, to the Senior Registrar of the High Court within the next 2 weeks.

After considering all such reports, the High Court Bench shall decide whether the trial in question before the Special Judge, (SC/ST Act), Hathras is required to be stayed and is to be transferred elsewhere.

The State Government and the District Authorities have been directed to make all possible arrangements for security and smooth conduct of the trial within the court premises and outside it. “The CRPF, needless to say, shall continue to provide protection to the victim’ family and the witnesses in terms of the Order of the Supreme Court of India dated 27.10.2020 passed in Writ (Criminal) bearing No. 296 of 2020”, said the Bench.

The court has also ordered for the preservation of the CCTV footage relating to the premises at Hathras where the trial was being conducted on March 5. Till the next date of listing, the Trial Court has been instructed to conduct the proceedings in- camera. It said, “The District Judge is directed to ensure that the trial is allowed to be conducted before the Court concerned in a free and fair manner without any outside hindrance.”

Finally, the High Court Bench issued warnings and said, “We also make it clear that if any person who is stranger to the trial as also anyone who may be involved in the trial, tries to disturb the proceedings before the Trial Court or in any manner attempts to threaten the life, liberty and property of the victim’s family and the witnesses, we would be taking severe action against such person.”

The order may be read here:

Related:

State Counsel appears to justify the hasty cremation of Hathras Victim: HC
CJP moves Supreme Court in Hathras case
SC entrusts Witness Protection of Hathras victim’s family to CRPF
Hathras case: High Court seeks status report from CBI 

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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:

Related:

Hathras case: All accused to undergo brain mapping, polygraph tests
State Counsel appears to justify the hasty cremation of Hathras Victim: HC
CJP moves Supreme Court in Hathras case

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The family of the 19-year-old Dalit girl who was allegedly raped and murdered by four ‘upper-caste’ men, are all set to appear before the Lucknow Bench of the Allahabad High Court today to record their testimony. They will soon appear before a Division Bench comprising Justices Rajan Roy and Jaspreet Singh.

On October 1, the Allahabad High Court had taken suo motu cognisance of the rape, murder and forced cremation of the Dalit woman, directing the family of the deceased to appear before it to hear their story in their own words.

Thus, at about 6 A.M on Monday, the victim’s father, mother, brothers and a sister-in-law left Hathras amidst tight security. They were originally scheduled to travel on Sunday i.e., October 11, 2020 but were reluctant to travel at night citing security reasons. They will now be taken directly to the Allahabad High Court’s Lucknow Bench.

The court had appointed Shri Jaideep Narain Mathur, learned Senior Advocate and Shri Abhinav Bhattacharya, Advocate, as Amicus Curiae to assist this Court in the matter. The State Government has asked Additional Advocate General V K Sahi to represent it before the court.

The Division Bench has also summoned the Additional Chief Secretary (Home), Director-General of Police, Additional Director General, law and order, District Magistrate and Superintendent of Police, Hathras to appear before the court. Deputy Inspector General of Police, Shalabh Mathur, who had been sent to Hathras from Lucknow as a nodal officer, told news agencies on Monday, “The family has been sent to Lucknow from Hathras at about 6 A.M amid tight security. Those coming for appearance includes the victim’s mother, father and three brothers. Accompanying them are Magistrate Anjali Gangwar and a circle officer besides policemen.”

The Division Bench had noted on October 1, 2020 that “The matter before us, of which we have taken suo motu cognisance is of immense public importance and public interest as it involves allegation of high handedness by the State Authorities resulting in violation of the basic human and fundamental rights not only of the deceased victim but also of her family members. As it is, the deceased victim was treated with extreme brutality by the perpetrators of the crime and what is alleged to have happened thereafter, if true, amounts to perpetuating the misery of the family and rubbing salt in their wounds.”

Yesterday, the CBI, who took over the investigation into the case, registered an FIR under various sections of the Indian Penal Code (IPC) related to gangrape and murder and relevant section of the SC/ST (Prevention of Atrocities) Act. The case was earlier registered at Chandpa Police Station, in Hathras district, based on a complaint by the victim’s brother. “The complainant had alleged that on 14.09.2020, the accused tried to strangulate his sister in the millet field. The case has been registered by CBI on the request of Uttar Pradesh Government and further Notification from Government of India,” CBI spokesperson RK Gaur said in a notification.

Related:

Hathras FIR goes missing from CBI website!
UP Police now claim that Hathras Dalit victim was not raped!
No dignity even in death for Dalits

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Large number of police personnel were deployed outside the Hathras victim’s house following a visit from Bhim Army Chief Chandrashekhar Azad, said a National Herald report on October 6, 2020.

According to Hathras Superintendent of Police Vineet Jaiswal, 24-hours security personnel were stationed all around the house along with two women sub-inspectors and six women constables.

He also said that two officers were deployed for the security of the victim’s brother. Moreover, Provincial Armed Constabulary (PAC) personnel were also deployed to guard the house. As many as 15 police officials, three Station House Officers and one Deputy Superintendent of Police were deployed in the village.

The victim’s family reportedly feared for their safety and wished to leave the village and settle elsewhere. Her brother said they were afraid of threats from supporters of the four accused.

Earlier on Sunday, Azad visited the family following which a video has made rounds on social media showing ‘upper caste’ men threatening the victim’s family and defending the four accused. Similar videos of open threats in front of police officials have also trended on social media.

In one video, a man yells threats at Azad daring him to come outside to “meet his big brothers.” He claims that Azad arrived in the village to do politics and “has no faith in the CBI.”

The police are seen trying to reason with the man while another person accused the brother of killing his sister instead of the accused. In the same vein, the man denied the rape allegations.

Related:

Hathras Horror: UP Police in damage control mode with multiple FIRs, arrests
Family demands SC enquiry in Hathras case: Left organisations
Hathras horror: UP Police file 19 cases across the state, charges include sedition
UP Police deliberately obstructing justice in rape cases?

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