Hathras Case: Allahabad High Court Proposes Viewing Of Audio-Visual Material By Parties On Jan 16

With the consent of parties' counsel, the Bench of Justice Pankaj Mithal and Justice Rajan Roy fixed 16^th January 2021 as the date for viewing Audio and Visual material available on record.

"(The Venue for the same shall be) the Video Conference Room in the New High Court Building at Lucknow or such other suitable place in the said building as may be convenient, intimation of which would be given to the concerned counsel/ parties separately", said the Court.

On Wednesday, the Court also directed the CBI to file the status report pertaining to the investigation on every day the matter is fixed before the Court till the investigation is completed and the report is submitted before the Court below.

It may be noted that earlier, the Court below had extended the time for completion of investigation in the case up to Friday (18^th December).

Pursuant to this, the Central Bureau of Investigation (CBI) today filed a chargesheet against the four accused in the Hathras gangrape and murder case at a local court in Hathras.

In the charge sheet, the CBI has invoked charges of gang rape (sections 376, 376-A and 376-D IPC) and murder (section 302 IPC), against all four accused (Sandeep, Luvkush, Ravi and Ramu), besides also invoking sections of the SC/ST Act.

Victim family's Lawyer's submission

The counsel for victim's family Seema Kushwaha asserted that the District Magistrate had given in writing to the family about acceptance of their demands based on their conversation with the CM of U.P. through video conferencing, however, except for the compensation part no other demand had been fulfilled.

On the other hand, S.V. Raju, Senior Counsel appearing through video conferencing submitted that as per his instructions from the State Government and the District Magistrate, no such demand for grant of job, house etc. had been accepted.

However, he submitted that he would get back to the Court after seeking fresh instructions in view of the assertion of counsel for victim's family based on some written communication of the District Magistrate.

Lastly, the Court said.

"Once the Audio and Video material has been viewed by the concerned counsel and the persons referred hereinabove it shall be open for them to file their response to the same."

The matter has been fixed for further hearing on 27^th January 2021.

It may be noted that on the last hearing [Wednesday (25th November)], the Uttar Pradesh Government had submitted before the Allahabad High Court that it had decided not to transfer the District Magistrate.

Before the Bench of Justice Pankaj Mithal and Justice Rajan Roy, the Senior Counsel appearing for the State Government, S.V. Raju had also attempted to justify the cremation of the victim in the night & he contended that the District Magistrate did not commit any wrong in this regard.

Background

The Lucknow Bench of the Allahabad High Court had taken suo moto cognizance of the Hathras gang rape case on Thursday (01^st October), stating that is an "extremely sensitive" matter, touching upon the basic human/ fundamental rights of the citizens.

Further, on Saturday (10^th October) the Central Government had issued a notification for the investigation in the case by the CBI.

Also, on Tuesday (27^th October), the Supreme Court had asked the Allahabad High Court to monitor the on-going the CBI probe into the this matter.

As regards the plea for transfer of trial outside the State of Uttar Pradesh, the CJI-led bench had stated that the question of transfer is left open until the investigation is completed.

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