Hathras case: SC asks UP govt for update on witness protection plan

New Delhi: The Supreme Court Tuesday directed the Uttar Pradesh government to apprise it by October 8 on the steps taken to protect witnesses in the Hathras case in which a Dalit girl was allegedly brutally raped and died due to injuries.

The apex court's observation came while hearing a PIL during which the Uttar Pradesh government expressed willingness to refer the investigation to the CBI as fake narratives were being spread about the case with political motives.

Terming the incident as horrible and extraordinary, a bench headed by Chief Justice S A Bobde said it will ensure that investigation is smooth in the case.

Solicitor General Tushar Mehta, appearing for the UP government, said: Narratives after narratives being spread in Hathras case, this this needs to be stopped."

The CBI probe in Hathras case will ensure no vested interests will be able to create fake, false narrative with oblique motives, Mehta told the court.

The state government told the top court that probe in Hathras case may be conducted by CBI under supervision of apex court.

A 19-year-old Dalit woman was allegedly raped by four upper-caste men in Hathras on September 14. She died on September 29 at Delhi's Safdarjung Hospital during treatment.

The victim was cremated in the dead of the night near her home on September 30. Her family alleged they were forced by the local police to hurriedly conduct her last rites. Local police officers, however, said the cremation was carried out "as per the wishes of the family".

UP govt recommends CBI probe

The Uttar Pradesh government in the Supreme Court on Tuesday sought a CBI probe into the alleged gang-rape and death of a Dalit woman in Hathras, saying it will ensure that no vested interest is able to create a fake and false narrative with "oblique motives".

In an affidavit filed in response to a PIL, which has been listed for hearing before a bench headed by Chief Justice S A Bobde, the UP government said it is important that the investigation is carried out by an independent central agency.

It said the state has already requested the Centre that the CBI take over the investigation as it would obviate hindrance being created by certain vested interests in the fair and impartial investigation.

The PIL has also sought transfer of the case from UP to Delhi for trial, alleging that the state authorities had failed to take any action against accused persons who first raped an innocent woman belonging to Schedule caste community and thereafter brutally assaulted her.

The state government affidavit further said that as per the provisional medical report of sexual assault forensic examination submitted by JN Medical Hospital, Aligarh on September 22, no abrasions, contusions, lacerations or swelling were found; there were no prima facie findings of rape.

It said that thereafter the samples were then sent to the forensic science laboratory Agra for further examination and the hospital has also given its final opinion on the issue and specifically stated in its report that there is no sign suggestive of rape.

The state government said that cremation of the victim was performed with full rites and customs and it is humbly submitted that the cremation had therefore taken place at night only to maintain the law and order.

It said that due to intelligence inputs of large scale caste violence and protests, the district administration had taken decision to convince the parents of the deceased to cremate her with all religious rites at night to avoid large scale violence in the morning to cremate the body of the victim, which was lying for almost 20 hours after her death and post mortem".