Synopsis: The Bench claimed that before the CBI completes its investigation, the issue of moving the trial to Delhi will be kept open.
On Tuesday, the Supreme Court ordered the Allahabad High Court to track the CBI investigation into the gang rape and murder of a 19-year-old Dalit girl allegedly in the Hathras district of Uttar Pradesh by four upper caste Hindu youths.
A three-judge bench headed by India’s Chief Justice Sharad A. Bobde demanded that the baton be handed over to the High Court to oversee any part of the ongoing investigation.
The Bench claimed that before the CBI completes its investigation, the issue of moving the trial to Delhi will be kept open. The court did not interfere with the protective cordon in place to secure the family members and witnesses. The High Court would have to take care of any additional changes needed in the safety measures.
The Bench expressed trust in the capacity of the CBI to conduct a free and fair inquiry, stating that “no space” would otherwise be available to conclude.
Chief Justice Bobde had verbally suggested the intention of the Supreme Court to make the High Court keep an eagle’s eye on the investigation on the last day of the trial, when the case was reserved for judgement on October 15.
“We (Supreme Court) are here as an appeal, the ultimate supervisory body, but let the HC Allahabad do it. We’re still here,” Chief Justice Bobde remarked orally.
The ruling was based on a batch of petitions filed by activist Satyama Dubey, represented by Advocates Sanjeev Malhotra and Pradeep Kumar Yadav. A court-monitored investigation and transfer of the trial to Delhi were sought by this petition.
Another petition filed by activist Chetan Janardhan Kamble, represented by Advocate Vipin Nair, sought an impartial investigation into the role played by medical staff and top police officers of Uttar Pradesh in the alleged “destruction of evidence” in the Hathras rape and murder case.
Mr. Kamble had argued, “the facts clearly indicate the participation and complicity of some State police and officials of the State government machinery in the manipulation and destruction of evidence and shielding of the accused in relation to the subject crime.” They even claimed that “a few other high-ranking police and government officials had ruled out the possibility of rape, even before the investigation was complete, and made public statements to this extent.”
On October 15, it was left to the judicial wisdom of both the government of Uttar Pradesh and the State Director General of Police (DGP) to decide which court should supervise the probe, saying that their only purpose was to see justice in the case.
“No objections have been raised by the state government. Any shadow of doubt should not be there. On October 10, the CBI took over the case and the investigation is pending,’ said Solicitor General Tushar Mehta, for the government of Uttar Pradesh.
Mr. Mehta had only objected to the plea that it was appropriate to file the chargesheet in Delhi in this case. He said that the final report should be submitted in the jurisdictional court as per the law .
The DGP also left it to the court to determine “whoever best protects the family” in order to plead that CRPF personnel and not the State Police should form the safety measures around the family and witnesses in the case.