Hathras case: Allahabad HC refuses to stay trial; CBI likely to file transfer application

In a key development, the Allahabad High Court refused to stay the trial in the Hathras gangrape case which is being conducted by the Special Court (SC/ST Act). Earlier, the victim's brother alleged that two advocates barged into the courtroom when the trial was underway on March 5 and tried to intimidate the victim's counsel not to take up the case. Highlighting that two prosecution witnesses could not depose properly on account of fear for their lives, the victim's brother called for the trial to be put on hold until a report in this regard is received by the Presiding Officer of the trial court. 

On the directions of the HC bench comprising Justices Rajan Roy and Jaspreet Singh, the Hathras District Judge and CRPF Inspector General conducted a detailed inquiry into these charges and submitted their report to the court in a sealed cover. While the High Court did not deem it necessary to pause the trial proceedings after perusing the reports, it reiterated that requisite security should be provided to the victim's kin and witnesses. However, the bench kept open the option of transferring the trial to some other place provided the CBI files a specific application in this regard.

The Hathras case probe

A 19-year-old woman in a village in Uttar Pradesh's Hathras district was reported to have been brutally gangraped by 4 men when she was collecting fodder for her cattle on September 14, 2020. The victim, who was initially admitted to a local hospital in Hathras was shifted for further treatment to Delhi's Safdarjung Hospital. She succumbed to her injuries on September 29.

Initially, the UP government constituted a three-member SIT to probe the case. On the basis of the first report submitted by the SIT, Hathras Superintendent of Police Vikrant Vir, Commanding Officer Ram Shabd, Inspector Dinesh Kumar Verma, Sub Inspector Jagveer Singh and Head Constable Mahesh Pal were suspended. On the other hand, the CBI commenced its investigation after formally registering an FIR into the Hathras gangrape case on October 11. 

On December 18, the CBI filed a charge sheet against 4 accused in the Hathras gangrape case before a special court in Lucknow. Charges of gangrape, murder and the SC/ST (Prevention of Atrocities) Act have been invoked against the accused persons- Sandeep, Luvkush, Ravi, and Ramu, who were put through several forensic tests at the Forensic Science Laboratory in Gandhinagar. The CBI team not only met doctors at the Jawaharlal Nehru Medical College and Hospital where the victim was treated but also recorded statements of her family members.