• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • SUPREME COURT ORDERED CRPF PROTECTION TO HATHRAS CASE VICTIM'S FAMILY AND WITNESSES

Latest News

Back

SUPREME COURT ORDERED CRPF PROTECTION TO HATHRAS CASE VICTIM'S FAMILY AND WITNESSES

Courtesy/By: Muskan Vaswani  |  27 Oct 2020     Views:428

In September, a 19-year-old woman died in Hathras, Uttar Pradesh, after reporting gang rape and brutal abuse. The victim has been struggling for her life for two weeks. On the morning of 29th September, unfortunately, she died in the Delhi hospital to which she had been shifted for the injuries suffered during the attack. The case hit the headlines soon after police and administration officials cremated their bodies in the middle of the night of 29 September-a decision the family said was made against their permission and sparked doubt. After her passing, the state government has maintained that she has not been raped at all. In a series of off-the-record conversations, authorities sought to refute or downplay the accusation of rape. The senior officer, Additional Director General Prashan Kumar, said that the victim's family had not reported the rape in the original complaint, citing a forensic report that said the rape had not been registered, no semen was found in her viscera sample-a statement refuted by experts who point out that the absence of semen in this sample does not exclude rape. Doctors at the Jawaharlal Nehru Medical College Hospital (JNMCH) in Aligarh, where she had been treated for two weeks, found out that the forensic study was based on samples taken 11 days after the attack. Protocol notes that all information collected more than four days after the rape is worthless.

In the Writ Petition filed pursuant to Article 32 of the Constitution of India, petitioners are asking that the Union of India and the authorities concerned be directed to perform a fair inquiry; if necessary, by referring the case to the Central Bureau of Investigation ('CBI' for short) or the SIT to inquire the matter. It is, therefore, demanded that a serving or former Supreme Court Justice or High Court Judge be named to consider the case. The petitioners have demanded that the case be moved from Hathras, Uttar Pradesh, to Delhi.

While discarding the petitions related to the Hathras gang-rape and murder case, the Supreme Court ordered the protection of the victim's families and the witnesses to be ensured by the CRPF within one week. The Chief Justice of India SA Bobde said that it is "convinced that the State Government has taken measures to ensure the safety of the victim's families and witnesses". Though in the present case, it is appropriate to resolve the normal interpretation and pessimism which cannot be assumed to be without reason, the constitutional bench also comprised of Justices AS Bopanna and V. Ramasubramanian further ordered:-

"In that view, without casting any aspersions on the security personnel of the State Police; to allay all apprehensions and only as a confidence-building measure, we find it appropriate to direct that the security to the victim's family and the witnesses shall be provided by the CRPF within a week from today".

The Court also ordered the Allahabad High Court to track the continuing investigation of the Hathras gang-rape and murder case by the CBI.

The CBI shall submit a report to the high court in the manner that the high court has ordered to submit the report from time-time, the apex court stated.

As regards the petition for transferring of the trial beyond the State of Uttar Pradesh, the court claimed that the matter of transferring remained open until the inquiry had been finished. "On this stage, we are also of the opinion that it would be sufficient for the enforcement agency to conclude the investigation and, in any case, because the local police have been excluded from the investigation and the CBI is undertaking the investigation, there would be no space for apprehension at this time. However, the question as to whether the prosecution of the case is to be moved is an issue that remains subject to consideration if the need arises in the future," the Court opined.

The Court refused to issue any particular orders involving the appointment of a special public prosecutor.

"This is a factor that may be found by the High Court in the light of the provisions of the Act on Scheduled Castes and Scheduled Tribes (Atrocities Prevention) of 1989. In the case that the victims' family members choose to engage Ms. Seema Kushwaha and Mr. Raj Ratan, the Lawyers, they will consider these things and make a submission on behalf of the victim, in compliance with the law, if such a need occurs, "the court held.

The Court also observed that the identity and connexion of the family members to the victim had been disclosed in the order passed by the High Court of Allahabad. "As there is a legal duty to prohibit such publishing, the High Court is requested to delete the same and also change the same in digital records and to do so prevent any disclosure of such content in the future," the Court ordered.

Multiple aspects of the matter remain open for consideration by the Allahabad High Court in relation to the incident with respect to which the inquiry is to be undertaken by the CBI and also in relation to the complaint received alleging unlawful cremation.

 


Document:


Courtesy/By: Muskan Vaswani  |  27 Oct 2020     Views:428

News Updates

Judging the Judges: India's Three-Year Practice Ru...
15 Jul 2025     Views:548
Alternative Dispute Resolution in Torts: A Modern ...
09 Nov 2024     Views:5102
The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6274
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5670
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5652
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5453
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5474
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:5122
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5486
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5475
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5599
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5781
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5491
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5452
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5405
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5530
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5482
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5817
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5638
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6491
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5600
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5944
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5846
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:6030
World Health Assembly Revises International Health...
21 Jul 2024     Views:5881
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5993
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5783
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9201
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7721
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7759
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7544
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8532
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7857
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6386
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7184
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6435
Exploring the Differences between the US and India...
29 Jun 2023     Views:6442
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6700
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6385
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6369
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6414
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6390
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6740
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6228
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6266
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6714
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6918
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6493
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6926
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8940
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6918
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6579
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12262
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6293
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:7161
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6730
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6442
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6672
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6303
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6759
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6422
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6864
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:7095
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7326
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11210
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6514
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6391
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7534
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6233
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6242
Scope of Section 151 CPC...
13 May 2023     Views:7835
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6773
Scope of Decree under CPC...
10 May 2023     Views:6317
Legal development of Arbitration Laws in India....
09 May 2023     Views:6363
Arbitration Laws in India...
07 May 2023     Views:6314
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8413
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6600
Same-Sex Marriage in India...
30 Apr 2023     Views:6234
National Commission for Women...
27 Apr 2023     Views:6085
Law making process of India....
26 Apr 2023     Views:7178
Bail Provisions in India...
25 Apr 2023     Views:6109
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6539
Contempt of Court...
23 Apr 2023     Views:6366
The collegium system of Judiciary in India....
22 Apr 2023     Views:6046
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:6037
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6207
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8653
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7252
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6318
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:6034
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6253
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5804
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:6034
Law should take into consideration realities of co...
10 Apr 2023     Views:5860
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6470
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6590
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6310
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6784
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:6090
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6236
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96549
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:74140
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71552
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70691
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:60066
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.