[Breaking] Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Read Order]

The Bench of Justices Pritinker Diwaker and Prakash Padia observed that the Supreme Court is already seized with this matter in Satyama Dubey & Ors. v. Union of India & Ors. and thus, it shall not be proper for the High Court to entertain this petition.

"Undisputedly, the Hon'ble Apex Court is in seisin of the entire case and the matter is being taken as a Public Interest Litigation by the Hon'ble Apex Court. State of Uttar Pradesh has already been directed to file affidavit clarifying its stands.

In the aforesaid facts and circumstances of the case, judicial propriety demands that it will not be proper for this Court to entertain the present petition on merits, especially when security has been provided to petitioners 1 to 6 and other family members of the deceased victim-girl on the observation made by the Hon'ble Apex Court and also on the basis of the directions issued by the Lucknow Bench of this Court on 01.10.2020 in a Suo Motu Petition," the Court said.

The Bench has clarified that if the family has any grievance, then they shall be at liberty to file appropriate petition/ application before the Supreme Court.

The order has come in a habeas corpus writ petition allegedly filed on behalf of the victim's family through one Surender Kumar, claiming to be the General Secretary of the Akhil Bharatiya Valmiki Mahapanchayat, allegedly based on instructions given by the family over telephone, via Whatsapp. (The State Government however disputed this position and submitted that details of Mr. Kumar are subjected to verification.)

It was alleged that the immediate family of the deceased victim, i.e. her father, mother, two brothers, sister-in-law and grandmother have been illegally detained in their own homes by the UP Government.

The plea disclosed that the family has been "gheraoed" at its own home since September 14, i.e. the date of the incident and only her brother was allowed to accompany her at the Hospital in Agra. Further, it was submitted that only on September 28, when she was being moved to Delhi, did the Government allow two more members of the family to visit her.

It was also alleged that the family was not given custody of the victim's corpse and they remained "forcefully confined" in their homestead land and continue to remain as such.

Further it was submitted that the family has been prevented from even meeting or communicating freely, thereby violating their Fundamental Right to freedom of speech and expression as well as the right to receive information under Article 19(1)(a) of the Constitution.

The plea was filed by Advocates Kashif Abbas Rizvi and Joun Abbas.

The State on the other hand denied that the victim's family was restrained. In fact, it categorically submitted that they are "free to move" but "they have never made any request before the Administration for going anywhere".

Further the State had argued that the writ petition is not maintainable as the matter is already sub-judice before the Supreme Court.

It was also claimed that when the victim's family was informed about filing of the present petition, they had categorically stated that they did not authorize any one to file such petition.

The State also contended that pursuant to the direction given by the Hon'ble Apex Court, adequate protection and security has been provided to family members of the deceased victim-girl, including petitioners 1 to 6 and even personal Guards have been deployed on duty to ensure their safety. Moreover, CCTV Cameras have been installed near the house of the deceased victim-girl so that unwarranted and unsocial elements may not enter in the premises.