Thread by @barandbench

HATHRAS CASE:

The Supreme Court Bench headed by CJI SA Bobde is scheduled to take up for hearing today a batch of petitions filed in relation to the Hathras gang-rape and midnight cremation of the victim.

#SupremeCourt #Hathras #HathrasCase #UttarPradesh

In the earlier hearing, the #SupremeCourt had sought details from the State of #UttarPradesh on the steps taken for witness protection.

SC had also sought to know if the family of the victim had chosen its legal representative.

#Hathras

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State of #UttarPradesh informed the #SupremeCourt through its affidavit that adequate security detail has been deployed to ensure the safety and protection of the members of the victim's family.

#Hathras #HathrasCase

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Hearing begins.

SG Tushar Mehta is taking the Court through the details of security deployments outlined in the affidavit filed.

Mehta: As far as the lawyer for the family of victim is concerned, we asked them if they have a lawyer of their choice. We were informed in writing that they have engaged lawyers but a govt lawyer should also be assigned.

Advocate Seema Kushwaha, lawyer engaged by the family makes submissions before the Court, argues that the trial should be transferred to Delhi.

CJI Bobde: I think last time all the Counsel very fairly suggested that this matter must go to Allahabad High Court.

Mehta: The victim's family wants Your Lordships to supervise and we have no problem with that. This is not adversarial.

CJI Bobde: We will supervise in the sense we are the ultimate supervisor and appellate body.

Mehta raises a concern as an officer of the Court stating that the identity of the victim is revealed in the Allahabad High Court and this, Mehta says is not permissible under the CrPC.

CJI Bobde: We can delete that suo motu.

Senior Counsel Siddharth Luthra seeks to nake submissions on behalf of one the accused who has intervened in the matter.

Senior Counsel Indira Jaising for an intervenor objects to it, says accused has no right to be heard at this stage.

Mehta: Whether Your Lordships hear the accused or not but in criminal proceedings, strangers do not have a locus to make arguments.

(Jaising is addressing the Court now on the question of transferring the case)

Jaising: If the trial is kept back in UP then it is agreeable it is monitored by Allahabad HC but in the event it is transferred to Delhi which is our request then there may not be fair trial

Jaising: We also want a special PP to be appointed by this Court.

We are also not satisfied by the witness protection given by the State of UP. This case is against the State of UP.

CRPF deployment may be done similar to Unnao case.

(SC asks Luthra to make arguments)

Luthra: While this (investigation) is going on, the family members of the family must not put the details of the investigation in the media.

CJI suggests he can approach the Allahabad High Court.

Advocate Aparna Bhat seeks to make submissions on behalf of an intervening organization.

Mehta objects, says "no-one should ve allowed to collect funds in the name of the victim"

Sr. Adv Harish Salve for DGP: Request has been made to deploy CRPF. Whoever Your Lordships feel should provide security should be deployed, but this should not be any way seen as a reflection on the UP Police.

Mehta: This (CRPF) is not even required, the State is non partisan.

Various intervenors make their submissions.

Hearing concludes.

Bench rises.

Supreme Court is expected to pass its order later

#Hathras #SupremeCourt

Hathras Case: SC hears PILs seeking independent and monitored probe, witness protection etc. [LIVE UPDATES]
#HathrasCase #Hathras
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