Case Note & Summary
The Supreme Court of India heard multiple writ petitions and intervention applications concerning the gang-rape and murder of a 19-year-old Dalit girl in Hathras, Uttar Pradesh. The victim was brutally assaulted and later died at Safdarjung Hospital in Delhi. Her cremation was conducted in the middle of the night without her family's presence, raising allegations of evidence tampering and administrative lapses. The petitioners sought a fair investigation, transfer of the case to the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT), protection for the victim's family and witnesses, and transfer of trial to Delhi. The Allahabad High Court had already taken suo moto cognizance of the matter. The Supreme Court, while noting the High Court's involvement, addressed concerns about witness protection. The State of Uttar Pradesh voluntarily requested a CBI investigation, which was accepted and commenced. The Court directed the State to provide threefold security to the victim's family, including armed constabulary, civil police, and CCTV surveillance. The Court also noted that the CBI investigation would be conducted under judicial supervision. Various intervenors, including NGOs and bar associations, supported the petitioners' demands. The Court emphasized the need for a fair investigation and protection of witnesses, while also acknowledging the rights of the accused. The matter was adjourned for further monitoring.
Headnote
A) Constitutional Law - Article 32 - Writ Jurisdiction - Fair Investigation - The Supreme Court entertained petitions under Article 32 seeking a fair investigation into the gang-rape and murder of a 19-year-old Dalit girl in Hathras, Uttar Pradesh. The Court noted that the Allahabad High Court was already seized of the matter but addressed concerns regarding witness protection and investigation integrity. Held that the CBI investigation, already initiated at the State's request, would continue under the Court's supervision (Paras 1-10). B) Criminal Procedure - Investigation - Transfer to CBI - The State of Uttar Pradesh voluntarily requested CBI investigation, which was accepted on 10.10.2020 and commenced on 11.10.2020. The Court took note of this and directed that the investigation be conducted in a time-bound manner under judicial supervision. Held that the CBI investigation would ensure fairness and independence (Paras 8-10). C) Victim Rights - Witness Protection - SC & ST (Prevention of Atrocities) Act, 1989 - The Court directed the State to provide threefold protection to the victim's family, including armed constabulary, civil police, and CCTV installation. The Inspector of Police Station Chandpa was made incharge of security arrangements. Held that protection of witnesses and family is essential for a fair trial (Paras 6-9).
Issue of Consideration
Whether the investigation into the gang-rape and murder of a 19-year-old Dalit girl in Hathras, Uttar Pradesh, should be transferred to an independent agency like the CBI, and whether adequate protection should be provided to the victim's family and witnesses.
Final Decision
The Supreme Court took note of the ongoing CBI investigation and the security arrangements for the victim's family. The Court directed that the CBI investigation be conducted under judicial supervision in a time-bound manner. The Court also noted the threefold protection provided to the family and directed the State to ensure robust security. The matter was adjourned for further monitoring.
Law Points
- Article 32 of the Constitution of India
- Fair Investigation
- Witness Protection
- Transfer of Investigation to CBI
- SC & ST (Prevention of Atrocities) Act
- 1989
