On Thursday, the Supreme Court has reserved its order on whether to transfer the Hathras case from Uttar Pradesh to Delhi, following the completion of probe and also as to whether the CBI probe should be monitored by the top court or the Allahabad High Court.
The bench headed by Chief Justice of India SA Bobde heard the counsels of all the parties on public interest litigation which sought a court-monitored CBI probe and transfer the case from Uttar Pradesh to Delhi. Subsequently, the court said that it will also decide whether the Uttar Pradesh police or Central Reserve Police Force (CRPF) will provide security to the victim’s family members and witnesses.
The counsel for the Uttar Pradesh government, Solicitor General Tushar Mehta informed the court about the affidavit filed by it yesterday detailing the security deployments outside the house of the victim and protection to her family and witness. He also submitted that the victim’s family has engaged advocate Seema Kushwaha as their private lawyer but as the government, he sought a government lawyer to be assigned in the case.
On the submission of Advocate Seema Kushwaha, appearing for the victim’s family, to transfer the case to Delhi, the bench said, “I think last time all the counsels very fairly suggested that this matter must go to Allahabad High Court.”
Meanwhile, SG Mehta said that the victim’s family wants the Supreme Court to supervise while citing that the Uttar Pradesh government has no problem with that saying this is not adversarial.
Subsequently, CJI Bobde observed, “Let the High Court deal with this and we will supervise in the sense we are the ultimate supervisor and appellate body.”
On the other hand, Senior advocate Harish Salve, appearing for the Uttar Pradesh Director-General of Police, said that the CRPF could be posted for family security but the court should clarify that it is no reflection on UP police.
“Whoever wants the protection to be handed over to the CRPF, we are fine with that but let that not be a reflection on the UP Police. The court may clarify that,” Salve while further adding that the CRPF is not required and the State is completely non-partisan.