SC hints at referring Hathras rape case pleas to Allahabad High Court

The Supreme Court on Thursday indicated to refer multiple pleas, including one related to the monitoring of the CBI probe, in the case of alleged gang-rape of a Dalit girl in Hathras, to the Allahabad High Court.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian reserved order on a batch of petitions filed by Satyama Dubey and others.

During the hearing, the victim's family sought transfer of trial to Delhi, the accused sought a restraint order on discussing evidence in the matter and the Uttar Pradesh government agreed to provide security to the girl's family by central police.

"Let the High Court deal with this and we are here as the ultimate supervisory body," the bench told Solicitor General Tushar Mehta.

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Appearing for the Uttar Pradesh government, Mehta objected to the High Court naming the victim's family in its order in a suo motu matter, concerning alleged lapses by officials in cremating the victim's body on the night of September 29-30. He said this was not allowed under the Indian Penal Code.

The bench said, "We can suo motu delete it."

Mehta also sternly opposed intervention by Teesta Setalvad's NGO in the matter. "In the name of justice, this NGO has collected money in the past and misappropriated it," he added.

"We don't need the assistance of the whole world. We have already heard enough. We heard the state, accused and victim," the bench said.

Senior advocate Harish Salve, appearing for DGP, Uttar Pradesh, said this court may depute any agency for protection of the family but it should not be a reflection on the state's fairness.

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Senior advocate Sidharth Luthra, appearing for the accused persons, contended that the investigation reports should not be made public by the victim's family or state. Four accused had been arrested in the case.

His appearance was objected to by senior advocate Indira Jaising on behalf of intervenor, women advocates. Luthra, however, pointed her intervention was yet to be allowed by the court.

Jaising sought protection for the family from the central police force. She also sought a direction for appointment of a special prosecutor.

Advocate Seema Kushwaha, representing the victim's family sought a direction for shifting of trial to Delhi.

The Uttar Pradesh government had on Wednesday asked the court to allow the CBI to continue the probe under its own supervision into the Hathras incident.

In an affidavit, the state government listed out steps taken for security and protection provided to the family members of the girl, which included the deployment of armed constabulary, civil police and personal security, and installation of eight CCTV cameras.

The case, which drew country-wide outrage has been referred by the Uttar Pradesh government to the CBI, which has already started its probe.