Hathras Case Trial- Threats Extended To Victim's Counsel, Family In Open Court: Allahabad High Court Directs Inquiry Into The Incident, Warns Of Contempt Action

Before the bench of Justice Rajan Roy and Justice Jaspreet Singh, the counsel for the victim's brother apprised the Court of an incident which took place on 05^th March 2021, when two prosecution witnesses (including the victim's brother) had presented themselves before the Special Court at Hathras where the matter is pending trial.

Submissions made before the High Court

Allegedly, shortly after the prosecution witness began deposing before the Presiding Officer, Special Court (SC/ST Act), Hathras on 05^th March 2021, an advocate stormed into the courtroom and charged towards the applicant and the complainant counsel, shouting and issuing threats.

As per the affidavit, amongst the barrage of threats extended to the complainant Advocate Seema Kushwaha, he stated that in this case the complainant counsel could not represent the victim's family.

Allegedly, at the same time, a large mob, including lawyers, entered the courtroom and surrounded the applicant and the complainant's counsel in order to threaten and intimidate them.

Further, the affidavit narrated that on account of this ruckus created by the Advocate and mob which included lawyers and others, the P.Ws could not properly depose on account of fear for their life and security.

Also, when after some time the proceedings were resumed, another Advocate entered the courtroom and he also issued threats to the complainant's counsel and thus, in these circumstances, the Presiding Officer was forced to stop the proceedings.

The affidavit also stated that acknowledging the real and a grave threat to the counsel for the applicant, the Presiding Judge, further ordered the police personnel present in the courtroom to provide her security cover within the court premises.

Prayer of the applicant

In this backdrop, the applicant prayed before the High Court that a report be called from the Presiding Officer, Special Court, SC/ST Act, Hathras regarding the 05^th March 2021 incident and also, to stay the trial proceedings in the interregnum, given the real and grave risk of miscarriage of justice, till such report by the Presiding Officer is received.

Counsel for the Victim's brother also informed the Court that the trial was fixed before the Special Court at Hathras ton 19^th March, however, the counsel for the victim was unable to inform the Court what happened today, when the case was taken up before the Trial Court.

Also, the brother of the victim was supposed to be before the Trial Court but considering the threat extended to him, his counsel informed the Court that he was unable to appear before the Trial Court.

Court's order

At the outset, the Court noted the submissions made by Advocate appearing for the State and the Amicus Curiae, who emphasized the necessity of ensuring free trial in the matter and that if the alleged incident actually took place, it is a serious matter of which cognizance should be taken by this Court and every effort should be made to ensure fair trial as also security to the victim's family and the witnesses.

Further, the counsel for the CBI informed the Court that the CBI intended to file an application for transfer of the trial from District Hathras, elsewhere, within the State.

Considering the facts as stated in the affidavit, the Court directed the District Judge, Hathras to inquire as to whether any such incident as has been alleged in the affidavit occurred or not, on 05.03.2021, and send his report in this regard to this Court in a sealed cover.

The Court also directed that a report of the Presiding Officer, Special Court, SC/ST Act (who is trying Sessions Trial No. 583 of 2020) be filed as to the incidents which may have taken place in his presence in the Court Room or outside.

"The District Judge shall before preparing such report go through CCTV Cameras, if any, installed in the court premises. The report shall be made available to the Senior Registrar of this Court at Lucknow within 15 days who in turn shall place it on record of these proceedings", directed the Court.

Further, the Court also directed the Inspector General, C.R.P.F. Central Sector, Lucknow,

"To collect information in this regard from his personnel who have been deputed for security of the victim's family and who, in all probability, must have accompanied the family to the Trial Court, as to whether any such incident, as has been narrated in the affidavit, took place in the Court premises."

Significantly, the Court said that after receipt of the aforesaid report, it would consider as to whether trial in question before the Special Judge, (SC/ST Act), Hathras is required to be stayed and is to be transferred elsewhere in the exercise of powers under Section 407 Cr.P.C.

Further, the Court directed the Trial Court that till the next date of listing, it should conduct the proceedings in-camera in keeping with the letter and spirit of Section 327 Cr.P.C. and it shall adhere to this mandate strictly.

Lastly, posting the matter for further hearing on 07^th April, the Court warned that if any person who is stranger to the trial as also anyone who may be involved in the trial, tries to disturb the proceedings before the Trial Court or in any manner attempts to threaten the life, liberty and property of the victim's family and the witnesses, the Court would be taking severe action against such person including contempt proceedings under the Contempt of Court's Act, 1971 read with Section 215 of the Constitution of India.

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