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In the Hathras Gang Rape case, refusing to stay the Session Trial pending before the Special Courtof Hathras, the Allahabad High court on Thursday has denied transferring the same elsewhere as well.

The Division Bench comprising Justice Rajan Roy and Justice Jaspreet Singh added that the requisite security which was ordered by the Court to ensure non-disruption of the trial by any person and for facilitating a free and fair trial, will continue to be in place.

Earlier on March 19, 2021 the High Court had directed the District Judge, Hathras to conduct a detailed inquiry after taking into account the complaint made by the Victim's family in Hathras Rape and Murder case regarding the threats extended to them and their Counsel in the open Court.

After perusing the District Judge’s report along with the report submitted by the Inspector General, Central Sector, C.R.P.F. Lucknow., the court has thus ordered,

“As of now, we do not find any reason to stay the proceedings in Session Trial No. 538 of 2020 (Case Crime No. 0005 of 2020) pending before the Special Court (SC/ST Act), Hathras nor for that matter to transfer the same elsewhere, which, though not specifically prayed in the application/affidavit, was requested orally during arguments on the earlier date on the grounds/allegations mentioned in the affidavit in support of the application for interim directions dated 19.03.2021 filed on behalf of the victim's family members through Sri Sharad Bhatnagar, Advocate.”

Earlier, on March 5, 2021, while proceeding before the trial court was going on, shortly after the prosecution witness began deposing before the Presiding Officer, an advocate, shouting and issuing threats stormed into the courtroom and charged towards the applicant and the complainant counsel.

According to the affidavit filed by the brother of the victim in the High Court, amongst the barrage of threats extended to the complainant and her Advocate Seema Kushwaha, the advocate said that Seema Kushwaha could not represent the victim’s family in the matter. 

The victim's brother also alleged that 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.

Therefore, he prayed before the Court that a report be called from the Presiding Officer, Special Court, SC/ST Act, Hathras regarding the incident and also, to stay the trial proceedings in the interregnum till such report by the Presiding Officer is received.

Following the same, on March 19, 2021, a Division Bench of the High Court directed the District Judge, Hathras to inquire as to whether any such incident as has been alleged in the affidavit occurred or not. Court also directed the Inspector General, C.R.P.F. Central Sector, Lucknow to collect information in this regard from his personnel who have been deputed for the security of the victim's family as to whether any such incident, as has been narrated in the affidavit, took place in the Court premises.

In pursuance of the same order, the District Judge's report was submitted before the court after recording the statements of sixteen (16) persons, including Ms. Seema Kushwaha, Advocate and the victim's brother and mother, who were present at the time of the incident

The report also took into account the CCTV Footage and was accompanied by statements of the concerned persons recorded by the District Judge, Hathras.

Furthermore, the court noted that despite the submission made by the counsel for C.B.I that it proposes to file an application for transfer of the trial, the same had not been filed. Therefore, the court held that the instant order would be without prejudice to any application for transfer of trial which may be filed by the C.B.I., if it is otherwise maintainable.

(Case Title: Suo-Moto Inre: Right To Decent & Dignified Last Rites/Cremat )