Synopsis: The court said that if is true, what is claimed to have happened, then such act amounts to perpetuating the family’s misery and rubbing salt in their wounds.
On Thursday, the Allahabad High Court took suo motu cognizance of the Hathras incident and the events leading to the cremation of the victim in the alleged rape and murder case and issued notice to the government of Uttar Pradesh.
The Lucknow Bench said that the events that occurred after the victim’s death on 29.09.2020 leading up to her cremation, as alleged, have shocked its conscience, and so they are taking suo moto cognizance of the case.
Justices Rajan Roy and Jaspreet Singh said the matter was of “immense public importance and interest as it involves the allegation of high handedness by the state authorities, resulting in the violation not only of the deceased victim’s basic human and fundamental rights, but also of the members of her family.
As, the dead victim was treated by the perpetrators of the crime with extreme brutality and what is alleged to have occurred thereafter, if true, amounts to perpetuating the family’s misery and rubbing salt into their wounds, the court stated.
The court ordered the Senior Registrar to register a suo motu Public Interest Litigation (PIL) with the title, “In Re: Right to decent and dignified last rites/cremation”.
Referring to the details of the case, the court stated that it was inclined to examine whether the fundamental rights of the deceased victim and her family members have been violated; whether the State authorities have acted oppressively high-handedly and illegally to violate such rights as if it were found to be so.
The court stated that it would also examine whether the state authorities have taken advantage of the economic and social status of the family of the deceased in order to oppress and deprive them of their constitutional rights.
The court stated that if there were a need to get the case investigated through an independent agency or monitor the investigation of the SIT (special investigation team) formed by the government, it would be left open for consideration on future dates.
The State of U.P. through the Additional Chief Secretary (Home); the Director-General of Police, U.P., Lucknow; the Additional Director-General of Police, Law and Order, U.P., Lucknow; the District Magistrate, Hathras; the Superintendent of Police, Hathras, in the said petition shall be arrayed as opposing parties.
The court listed the matter for 12th October.
The court asked the U.P. officials to apprise it about the status of the investigation related to the crime and also directed the family of the victim to be present before it to ascertain the facts and their version of the incidents which took place at the time of cremation.
The court also directed the State authorities to ensure that no coercion, influence or pressure was exerted by anybody, in any way, on the family members of the deceased.