Allahabad High Court rejects habeas corpus plea filed on behalf of Hathras rape victim’s kin

The Allahabad High Court on Thursday dismissed a habeas corpus petition filed by a Valmiki community organisation seeking production before of the family members of the alleged gang-rape victim of Hathras before it.

A bench of justices Pritinker Diwaker and Prakash Padia dismissed the petition by Akhil Bharatiya Valmiki Mahapanchayat saying it would be against the judicial propriety to take up the plea when the Supreme Court has already taken cognisance of the issue. “The apex court is hearing the entire case and the matter has been taken as a Public Interest Litigation by it. The state of Uttar Pradesh has already been directed to file an affidavit clarifying its stands,” said the bench.

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Accordingly, “judicial propriety demands that it will not be proper for this court to entertain the present petition on merits, especially when the security has been provided” to the family members” of the victim’s family on the apex court’s observations and also on the directions of the Lucknow bench of this high court, the bench said.

“If the petitioners have any grievance, they are at liberty to file an appropriate petition before the apex court,” said the bench while dismissing the plea. The bench added that it was not adjudicating the merit of the plea.

Akhil Bharatiya Valmiki Mahapanchayat had moved the Allahabad High Court on Wednesday claiming that the Hathras administration was keeping the family members of the alleged gang-rape victim confined to their house and not allowing them to move freely and meet people.

The petitioner had claimed in its petition that it approached the court on behalf of the victim’s family members. The petition had also named the victim’s father, mother and her brothers as plaintiff.