[Hathras Brutality] "Reassure The Faith In Rule of Law": Lady Lawyers Write To CJI Seeking To Ensure Strictest and Swiftest possible Punishment to the Accused [Read Letter]

A Group of Lady Advocates has written to Chief Justice of India seeking Constitution of a High Court monitored investigation and trial to ensure strictest and swiftest possible punishment to the accused the Hathras rape and murder case.

The Group has also sought a direction tp Immediate inquiry and suspension or any punitive action against all erring police, administrative, and even medical officers, who tried to manipulate the facts and evidence in this case; and

- setting up of adequate institutional mechanisms and guidelines so no other victim or their family need to feel lost regarding our law and order, and suffer the same fate

"Keeping faith of the citizens of the country in the rule of law, and to reassure the women that they are secure, and that they will not be denied justice for any reason whatsoever, is of pivotal importance, and the judiciary must be seen to take steps in order to play its very significant role to communicate to the nation that their faith in the system is for good reason".

The 19-yr-old victim in this case was allegedly tortured and gang raped by four men on September 14 in UP's Hathras district. It is alleged that the perpetrators cut of the tongue of the victim to ensure that she does not give any statement to the police and repeatedly threatened her family for several days.

She was recovered from the fields in a critical condition and was admitted to a hospital in Aligarh for treatment. On September 28, she was shifted to Safdarjung Hospital in Delhi, where she succumbed to her injuries the next day.

It is alleged that despite repeated pleas of the victim's family, the local police failed to register a case of gang-rape or even rape and for 5 days the accused persons roamed around scot-free.

Lawyers alleged that even though all four men accused of the crime were arrested, the manner in which the police officials have dealt with the family of the victim, especially after her untimely death, is very worrying and leaves much to be desired. The picture which emerges after reading through the many reports, leave the readers feel encouraged to not come forward and report such incidents for fear of being denied something so fundamental as conducting the last rites of a family member. Maintenance of law and order of the state cannot justify all of this, and as citizens and law officers we believe that state machineries should be much more efficient, strategic and humane, than the image which has sadly emerged now.

It is well settled that the question whether it is obligatory for the police to register FIR on information given by an informant has been answered in the affirmative by the five-member bench of Hon'ble the Supreme Court of India in Lalita Kumari v. Govt. of U.P.9 It has been categorically ruled that the provisions of Section 154(1) CrPC is mandatory and the officer concerned is duty bound to register the case on the basis of information disclosing commission of cognizable offence.

Furthermore, the victim should have been taken for medical examination immediately and an MLC would have clearly stated all the injuries on the person of the victim, which then could have directed the sections to be added in the FIR and guided further investigation. However in the present case the ambiguity as to whether or not there was sexual assault, does not seem to inspire confidence.

The need for a midnight cremation and denying the victim's family their right to their religious beliefs, has to be accounted for, especially keeping in mind the circumstances and behaviour of the police force. So much more could have been done to assist the victim and her family, and its lack cannot be tolerated for any reason. The fundamental and human rights of the victim and her family were to be upheld by one and all.

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