SC seeks witness protection in 'shocking' Hathras rape case

The Supreme Court on Tuesday sought to know from the Uttar Pradesh government how it would ensure the protection of witnesses in the Hathras case related to the alleged gang-rape of a 19-year-old Dalit girl, as it termed the incident "shocking and horrible".

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said the court would ensure smooth investigation into the case.

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The court also asked Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, to cite the scope of Suo Motu proceedings before the Allahabad High Court in the matter. Responding to which Mehta said an affidavit would be filed by Thursday.

The court posted the matter for hearing next week.

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At the outset, he said the state government was not opposed to a plea for a CBI probe made by the petitioner, Satyama Dubey and others. "There are narratives being created. The said truth is a young girl lost her life," the Solicitor General said, adding there must be free and fair trial.

Senior advocate Indira Jaising, appearing for an intervenor, asked the court to transfer the trial and ensure witness protection.

The court said it was hearing her as the incident was very shocking and extraordinary otherwise it was not sure of her locus into the matter.

Mehta, for his part, said that all the witnesses were being granted protection in the case.

Also Read | Extraordinary circumstances forced Hathras victim's late-night cremation: UP Govt tells SC

Earlier, the Uttar Pradesh government filed an affidavit asking the court to allow the CBI to probe the Hathras incident under its own supervision in a time-bound manner.

The state government has already recommended for a probe by a central agency to "obviate hindrance created by certain vested interests in fair and impartial investigation", it said.

It also maintained that the Uttar Pradesh immediately registered the FIR after the incident on September 14 and subsequently arrested the four accused and added stringent provisions on the basis of revised statement by the victim on September 22. It also cited a medical report of the treatment of the girl at JLN Medical College Aligarh as well as FSL report to contend that there was no prima facie finding of rape.

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The state government also claimed during the treatment of the girl at Safdarjung hospital, the legal medical records stated that the victim sustained neck injuries and there was no active bleeding present in the nose, mouth and ear, nor there was any other injury on the body.

It defended its decision to cremate the body of the victim, who died on September 29 in Delhi after undergoing treatment for 15 days, saying "the extraordinary circumstances and sequence of unlawful incidents forced the district administration to take extraordinary steps".

The state government quoted several social media accounts and news reports to claim "vicious propaganda by certain sections to mislead then public to create caste and communal disharmony."