'Aware Of 2013 Amendment?' : Allahabad HC Asks UP ADGP Who Denied Rape In Hathras Case

The Allahabad HC (Lucknow Bench) has barred officials who are not directly connected with the investigation in the Hathras gangrape and murder case from giving any public statements regarding the commission of the offence.

The Court said that the restraint order was necessary to avoid "unnecessary speculation and confusion amongst the masses, who may not be aware of niceties of law thereby fuelling emotions on both sides".

Before passing this order, the Court took strong exception to the public comments made by senior officials such as Prashant Kumar, Additional Director General of Police(Law & Order), Uttar Pradesh Police.

On October 1, the ADGP had told media that no rape happened with the 19-year old Dalit woman of Hathras. To support his claim, he cited the report of the Forensic Science Laboratory which stated that no semen samples were detected in the woman's body.

The High Court, which had summoned the ADGP in the suo moto case taken over the Hathras incident, asked him if it was proper for anyone not directly connected with the investigation to comment on any evidence relating to the offence alleged especially if the allegation is of rape or to draw conclusions based on the evidence as to whether the offence was committed or not, when the investigation was still pending and when such person was not part of the investigation.

The Court order recorded that the ADGP "fairly agreed" that it should not happen.

The Court further asked the ADGP if he was aware of the 2013 amendments to the criminal law, which changed the definition of 'rape'. The Court also asked him if he was aware that mere absence of semen during a forensic examination, though a factor for consideration, would not by itself be conclusive as to whether rape had been committed or not, if there are other admissible evidence.

The ADGP replied that he was aware of these aspects.

"We put these questions to him as it is said that some officers including Sri Prashant Kumar, ADG (Law and Order) and Sri Praveen Kumar Laxkar, District Magistrate, Hathras had commented upon the report of the forensic laboratory publicly though they were not directly involved in the investigation which was still pending", the bench comprising Justices Pankaj Mithal and Rajan Roy observed.

Hathras Case : Presence Of Sperm Not Necessary To Prove Rape; UP Police Claim Contrary To Law

The Court ordered that "irresponsible statements" on the pending investigation should be avoided by all.

"No officer who is not directly connected with the investigation should make any statement in public regarding commission of the offence alleged or otherwise based on evidence collected as it can lead to unnecessary speculation and confusion amongst the masses, who may not be aware of niceties of law thereby fuelling emotions on both sides. The Investigating Agency and the Courts are seized of the matter and irresponsible statements on the issue should be avoided by all", the Court observed. 

Click here to download the Order

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