In regard to the plea for transfer of trial outside the State of Uttar Pradesh, the CJI-led bench of Supreme Court stated that the question of transfer of case is left open until the investigation is completed. The court asked Allahabad HC to monitor the investigation done by CBI in Hathras gang rape & murder case. Earlier CBI took over the investigation from UP police on demand of the UP Government.
Solicitor General of India Tushar Mehta had informed the bench of Chief Justice SA Bobde, Justice AS Bopanna & Justice V. Ramasubramaniun that affidavits have been filed on behalf of the State specify the Witness protection plan as well as choice of legal representation by the Victims’ family in terms of an earlier order of SC. The court also took note of submission of Solicitor General that Allahabad court’s order disclosed the name & details of victim and her family on which it asked the Allahabad court to remove those front he order.
Advocate Seema Kushwaha who appeared for the victims family had urged the court to transfer the trial of the proceedings after investigation to Delhi. Also Senior Advocate Indira Jaising had submitted that a fair trial is not expected in the state of UP.
Senior Advocate Harish Salve appearing for the Director General of Police (UP) said that he had no problem with the witnesses being protected by the CRPF but said that if the court does so, it must make it clear that it does not affect the UP police.
In this situation, the court concluded it’s hearing in the case and reserved its verdict for later.
In the petition filed by Advocate Sanjeev Malhotra on behalf of social activist Satyama Dubey, that the statement of the police that the cremation was carried out as per the wishes of the family is false as “the police personnel himself buried the dead body of the deceased even media personnel has also been banned as per the information received. Plea also states that police have not performed their duties and are trying to protecting the accused and also the family of the victim is being victimized by the upper-caet people.
In the plea the Petitioner contented that he is demanding justice for the victim for the brutal attack, rape and murder of the victim”.
In this view the petitioner sought for directions to the Union of India and other concerned authorities for a fair investigation and to transfer the same to CBI or to form an SIT under a sitting or retired Judge of the Supreme Court/High Court. In the end, the petitioner prayed for the transfer of trial from Hathras to Delhi to commence a fair and speedy trial.