Hathras Case: Activist Moves Allahabad HC Against UP-Government's Decision To Conduct Narco-Analysis Test Of Victim's Family

Gokhale contends that this decision is of the UP Govt is not only unlawful but is also an attempt to coerce the family from testifying before the Court on 12th October, 2020, in the suo moto case registered by the High Court as In Re : Right to decent and dignified last rites/cremation.

Breaking: Allahabad HC Takes Suo Moto Cognizance Of Hathras Case; Says 'Incidents Have Shocked Our Conscience'

"Subjecting the family of the victim to a narco-analysis test goes against all principles of natural justice as they're neither accused in the case nor have been charged with any offence. Using an interrogation technique on the victim's family is a blatant form of coercion," Gokhale wrote.

On Thursday, the Lucknow Bench of the High Court took suo moto cognizance of the high handedness displayed by the State authorities in this case.

Stating that is an "extremely sensitive" matter, touching upon the basic human/ fundamental rights of the citizens, the Court had summoned all the concerned authorities, alongside the victim's family, to present their versions of the fateful incident, on October 12.

"We are inclined to examine as to whether there has been gross violation of the fundamental rights of the deceased victim and the family members of the victim; whether the State Authorities have acted oppressively high handedly and illegally to violate such rights as if it is found to be so, then, this would be 9 a case where accountability will not only have to be fixed but for future guidance also stern action would be required," the Court had remarked.

Gokhale apprehends that the narco-analysis test is a ploy to coerce the family before it can testify at the High Court.

He said that the decision to conduct the family's narco-analysis test is "an interference by the UP-State Administration with the proceedings of this Hon'ble Court by ordering a narcoanalysis test on the victim's family"

On October 2, 2020, the UP Government issued a press note for suspension and transfer of some police personnel posted in Hathras. Along with that, the press note also states that a narco-analysis test will be conducted on the family of the Hathras rape and murder victim.