This blog focuses on the legal analysis conducted by the court regarding fair investigation and protection measures in a sensitive case. The court’s thorough examination and measures taken for the victim’s family’s security and witnesses are discussed. Follow along to understand the legal proceedings and actions implemented for justice in this case.
Facts
- The parents, two brothers, one sister-in-law, and grandmother of the victim who are residing at village Chandpa, District Hathras, Uttar Pradesh have been provided protection under a three-fold protection mechanism.
- The protection includes Armed Constabulary Component, Civil Police Component, and Installation of CCTV cameras/lights.
- This protection was provided after the victim was shifted to Safdarjung Hospital in Delhi.
- Initial investigation started on 10.10.2020 under the supervision of the Court by CBI.
- The victim was cremated without the presence of her family.
- The Solicitor General ensured fair investigation to bring offenders to book.
- Allahabad High Court had already ordered registration of a suo moto petition regarding the incident
- The High Court being seized of the matter, petitions before this Court were not entertained initially.
- Concern for protection of victim’s family and witnesses was raised by Senior Counsel.
- Solicitor General was requested to provide instructions and file an affidavit regarding protection measures.
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Arguments
- Petitioners and intervening applicants raised concerns about the alleged rape and brutal assault of a 19-year-old girl from Hathras, Uttar Pradesh, resulting in her death and the manner of her cremation.
- Initial notice was ordered by the Court in response to Writ Petition (Crl) No.296/2020, with subsequent petitions seeking fair investigation and justice for the culprits.
- The relief sought in W.P. (Crl.) No.296/2020 includes a plea for a fair investigation by the Union of India and concerned authorities, potentially through the CBI or formation of an SIT. Appointment of a sitting or retired Supreme Court or High Court Judge to oversee the matter is also requested, along with a transfer of the case from Hathras to Delhi.
- The petition details the brutal gang-rape of the 19-year-old girl from Hathras, Uttar Pradesh.
- Concerns about the adequacy of investigation by the Uttar Pradesh Police have been addressed with potential considerations for a fair investigation.
- Petitioners contended that fair investigation possible only if matter entrusted to independent agency.
- Orders dated 01.10.2020 and 12.10.2020 passed by High Court mentioned CBI investigation in progress.
- Various counsels including Solicitor General, Senior Counsel for DGP, and victim’s family members’ counsel presented arguments.
- Accused’s legal rights emphasized by senior counsel representing accused.
- State Government entrusted investigation to CBI on 11.10.2020; CBI started investigation on the same day.
- Pleadings in writ petitions and intervention applications aim for fair investigation and punishment of guilty in accordance with law.
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Analysis
- The High Court has adequately delved into the aspects relating to the case to secure a fair investigation and has secured the presence of the victim’s family members.
- Steps have been taken by the State Government to make adequate security arrangements for the victim’s family and witnesses.
- CRPF will provide security to the victim’s family and witnesses within a week from the date of the order.
- No need to divest the High Court of the proceedings; the High Court can continue to monitor the investigation.
- The incident falls under the jurisdiction of the High Court, and it is appropriate for the High Court to monitor the investigation.
- Writ petitioners/applicants may seek to intervene in the matter before the High Court subject to consideration by the High Court.
- It is a legal requirement to avoid disclosure of sensitive information
- The High Court is requested to delete and morph such information in digital records
- Future digital records should not indicate sensitive contents to avoid disclosure
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Decision
- The trial of the case is to be transferred if the need arises in the future.
- The writ petitions and applications have been disposed of.
- The Solicitor General’s submission regarding the name and relationship of the family members with the victim is noted.
Case Title: SATYAMA DUBEY Vs. UNION OF INDIA (2020 INSC 612)
Case Number: W.P.(Crl.) No.-000296 / 2020
