Allow Cookies!
By using our website, you agree to the use of cookies
"Cremation is one among the 'Sanskars' i.e., antim sanskar recognized as a crucial ritual which couldn't be compromised by taking shelter of law & order situations", the Court observed on Monday. The Bench was hearing the suo moto case registered over the incident on the 1st of October. Noting that the option to cremate the victim during this manner was taken jointly by the administration at the local level and was implemented on the orders of the District Magistrate.
Apart from the criminality of the incident, the high court remarked that it needed to think about whether the hasty cremation of the victim at odd hours was in violation of her fundamental rights as enshrined under Articles 21 and 25 of the Constitution of India.
Thus, the extra Chief Secretary (Home) has now been directed to return out with a draft policy containing guidelines for district officials to be followed within the future in matters involving cremation/burial of the dead in similar circumstances.
Furthermore, the State administration has been directed to make sure the security and security of the relations of the victim. The investigation being administered by the SIT or by the other agency like CBI is to be kept confidential. No report or post thereof is to be leaked by the general public.
The high court has further requested the media and therefore the political parties to air their views during a manner which doesn't disturb social harmony or infringe upon rights of the victim's family of the accused.
It was also directed that any compensation announced by the State could also be offered to the family at the earliest. Just in case the family refuses to simply accept an equivalent, it's to be deposited with the District Magistrate concerned, who shall invest it in an interest-bearing account with a Nationalized Bank to be utilized as could also be directed by the Court.
During the hearing, the relations of the victim narrated their versions of the incident before the Court. They told the Bench that the officials had not handed over the victim's body to the family which it had been cremated within the absence of the family and without their consent.
Echoing submissions made before the Supreme Court by the State of Uttar Pradesh, he submitted that there have been elements seeking to offer the incident a political colour which the State was on high alert the day of the cremation because the Babri Masjid verdict was thanks to be pronounced. The high court opined that the District Magistrate, has not satisfied the Court about why the authorities didn't allow the observance of last rites while cremating the victim's body as per traditions and customs of the family.
The Court also quizzed the authorities on whether or not they were aware that under the prevailing law,
"The mere absence of semen during forensic examination, though an element for consideration, wouldn't by itself be conclusive on whether rape had been committed or not, if there are other admissible evidence."
Questions regarding the propriety of creating public comments on the case by persons not connected directly within the investigation were also asked by the Bench. Senior Advocate JN Mathur and Advocate Abhinav Bhattacharya appeared as friends of the court.
The matter is going to be next heard on All Souls' Day
86540
103860
630
114
59824