"Don't Flood This Court With These Type Of Petitions" : Supreme Court Asks Father Seeking Fair Probe Into Gang-Rape & Murder Of His Daughter To Approach HC

The Supreme Court on Monday refused to entertain a writ petition filed by a father seeking court-monitored probe into the kidnap, gang-rape and murder of his minor daughter.

A Bench headed by the Chief Justice of India NV Ramana granted liberty to the petitioner father to approach the High Court.

The Bench, also comprising Justice Krishna Murari and Justice Hima Kohli, made strong remarks against petitioner's approach of moving  the Supreme Court directly instead of moving the High Court first.

The petition was with respect to the gang-rape and murder of a 16-year old girl in Bulandshahr district in the State of Uttar Pradesh on January 21, 2022.

During the hearing, the Counsel appearing for the petitioner submitted that the petitioner's minor daughter was kidnapped, gang-raped and killed, and that the parents were not even given a chance of performing her last rites as the police forcibly cremated the dead body at midnight.

The Bench told the Petitioner that the same submissions could be made before the High Court as well.

Responding to Court's suggestion that the petitioner should approach the High Court, the Counsel said "I am a labourer, I can't go to High Court, to Supreme Court, I am a victim of the system, there's complete lawlessness in UP"

"Don't flood this court with these type of petitions, sorry. You can go to High Court and say the same. Why are you coming directly to Supreme Court straightaway?",the CJI Ramana asked the counsel.

The Bench then observed that it can either grant liberty to petitioner to approach the High Court or dismiss the case.

"We can grant liberty to approach the High Court. Every writ petition I can't entertain",the CJI said.

The Counsel then sought liberty to withdraw the petition and approach the High Court.

"Don't repeat it again. Permission to withdraw and approach High Court", CJI said.

As per the present writ petition filed through Advocate Varinder Kumar Sharma, no FIR was registered by the police despite the complaints of the girl's father. It is further contended that the police did not allow him to discharge last ritual rights of his daughter and that the Police forcefully cremated the body of the victim at midnight and did not inform the family of the post-mortem.

The petition has sought directions for CBI investigation or formation of SIT to investigate the matter under a sitting or retired Justice of SC or HC and

The petition further sought directions for adequate protection to the petitioner and other witnesses. 

The petitioner also sought directions for court monitored investigation against the officials who were responsible for cremation and illegal detention of the family members to be monitored by.

According to the petitioner, these facts clearly show that there is no chance for fair investigation, hence a Court Monitored investigation is required.

The petitioner has submitted that on several prior occasions, including in cases of Bharati Tamang V Union of India & Ors. and Zahira Habibulla H.Sheikh & Anr. v.State of Gujarat, steps have been taken by Courts for monitoring the investigation of alleged criminal offences.

Further directions have been sought for investigation of the role of Respondents for mishandling of body of the victim and; mandamus direction for Registration of the offence under relevant sections of the IPC against Govt. officials involved in destruction of evidence.