Thread by @barandbench

HATHRAS GANG-RAPE CASE:

The Supreme Court Bench headed by CJI SA Bobde today will hear a PIL seeking a CBI or SIT investigation in the case, and for the probe to be monitored by a sitting or retired Judge of the #SupremeCourt or a High Court.

#HathrasCase

The PIL also prays for the trial in the case to be transferred from Uttar Pradesh to Delhi.

#SupremeCourt #HathrasHorror

The #UttarPradesh government has filed its affidavit before the Supreme Court even before the PIL is heard by the Court for admission.

UP says that the State has already sought for the probe to be taken over by the CBI.

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State requests SC to keep the PIL pending while allowing the CBI to conduct the probe in a time bound manner.

UP wants probe monitored by the #SupremeCourt to ensure "free and fair trial" and so that "false narratives" do not interfere in the course of the probe.

#HathrasCase

The three-Judge Bench headed by CJI SA Bobde will begin hearing the case shortly.

#SupremeCourt #HathrasCase

Hearing begins.

SG Tushar Mehta tells the Court that he is representing the State of UP.

Mehta: We are not opposed to the petition. There are narratives and narratives but the sad truth is that a young girl has lost her life.

#SupremeCourt

Mehta: The incident has assumed importance and there must be a free and fair trial

There should be an investigation and that should be monitored by this Court l.

There are narratives by political parties and others.

#SupremeCourt
#HathrasCase

Senior Counsel Indira Jaising makes submissions before the Court, urges for witness protection, transfer of trial and adds that "we want that no lawyer should solicit in this case"

Jaising: The issue of transfer can be done only by this Court and Your Lordships' jurisdiction can be invoked for doing complete justice.

CJI Bobde asks Jaising: Are you asking for the trial to be transferred or the investigation to be transferred?

The incident is very extraordinary and shocking that is why we are hearing you but otherwise we are not sure if you have locus in this criminal case.

CJI Bobde: We are not saying this is not a shocking case, or that we don't appreciate your involvement in the case but we are only trying to say that your client may not have locus in the case. Your assistance is appreciated. But let us listen to the Petitioner.

CJI now asks the petitioner for locus.

Counsel for petitioner, Pradeep Kumar Yadav: I am also a woman and th incident has shocked us all.

CJI Bobde: We will now listen to SG.

Advocate Kirti Singh: We have written a letter on behalf of many women, we are seeking protection for the victim's family.

CJI Bobde: Please understand, in a Court of Law, there is no need to duplicate the concerns and arguments.

CJI Bobde: This does not in any way mean that we are condoning the incident. This is horrible incident but all we are saying is the Court of law need not hear the same argument repeated by every party. This is not a comment on the incident. Please understand our point of view.

Singh: We understand, we just wish for our letter to be listed for hearing before the Court and to see how the scope of investigation can be expanded.

CJI Bobde: Why don't you then approach the Allahabad HC?

Singh: Because the investigation is now transferred to the CBI.

CJI Bobde: Yes we understand but the Allahabad HC is a Constitutional Court and is hearing another matter in tbe incident.

Jaising: I agree with th proposition and we may approach the Allahabad High Court but we request for thr Court to give witness protection.

Mehta: You don't need a statute for witness protection. They will have to be protected

Jaising: And we don't want any lawyer to solicit. We want NALSA to handle this case.

CJI Bobde: Why are you pressing on NALSA? CJI is the patron in chief of NALSA. We can apoint the lawyers.

(CJI asks Jaising for recommendations)

Mehta: Ms. Jaising is asking for witness protection but many people don't know that the witnesses are already under protection.

But there are people sitting on protests...

Jaising: Let us not politicise the matter.

Mehta: I agree it should not be politicised or sensationalised

Mehta: As far as choice of lawyer is concerned, Ms. Jaising is saying soliciting is taking place and it should not happen.

CJI Bobde: SG, we want to know from you:

~ How is the witness protection being done?

~ Whether victim's family has chosen a lawyer?

CJI Bobde: We want to know from all of you on what is the present scope of the Allahabad High Court's proceedings and want suggestion from you all on how we can widen the scope of the proceedings before the HC.

(Advocate Shobha Gupta seeks to make submissions)

CJI Bobde: Mr. Mehta has made a statement before us that he is not treating this as an adversarial litigation. Why don't you all make your recommendations before him.

Mehta: And I hope all those concerned do not sensationalise this unfortunate incident outside the Court.

Gupta: The incident has shocked everyone.

Mehta: I'm only requesting for decorum to be maintained even out of the Court.

#SupremeCourt

Supreme Court adjourns the hearing for next week.

#SupremeCourt #HathrasCase

Hathras: Will ensure that investigation is smooth, Supreme Court seeks details on witness protection, whether the victim’s family has chosen a lawyer

#HathrasCase #HathrasHorror #SupremeCourt
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