CBI should file its status reports before the top court and not before the state government, said victim familys lawyer.
Photo for representational purpose
The Supreme Court will, on Tuesday, pronounce its order in the Hathras case, relating to the monitoring of the CBI investigation, on transferring the trial to Delhi, and also addressing the issues with security of the victim's family and witnesses, besides legal assistance to them.
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A bench, headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian, will pronounce the order at 12 p.m.
In the previous hearing on October 15, the Uttar Pradesh Director General of Police welcomed the Supreme Court to depute any agency for protecting the Hathras victim's family, but said it should not be a reflection on the fairness of the state police.
Senior advocate Harish Salve, appearing for the DGP, submitted before a bench headed by Chief Justice Bobde: "This court may depute any agency for protection of the family but it shouldn't be a reflection on the state police's fairness. We are not opposed to anything."
Salve insisted this should not be construed in any way that may put the Uttar Pradesh Police in bad light. After a detailed hearing on the matter, the top court had reserved its order.
Salve's response came on arguments by senior advocate Indira Jaising, representing an intervenor, who had urged the top court to entrust the CRPF with the victim's family's security and transfer it from the Uttar Pradesh Police.
She cited the Unnao case, where the rape victim was also provided security, but suffered massive injuries in a road accident.
Solicitor General Tushar Mehta, appearing for the UP government, strongly opposed the intervention plea filed by Teesta Setalvad's NGO in the matter. "In the name of justice, this NGO has collected money in the past and misappropriated it...the court should not allow them to collect money," he said.
The Chief Justice said the court is not inclined to entertain more impleadment in the matter.
Senior advocate Siddharth Luthra, representing an accused, submitted before the court that he has grievances with details of investigations being leaked out by the family, but the Chief Justice said that the accused should go to the jurisdictional high court.
Advocate Seema Kushwaha, representing the victim's family, submitted before the top court that her client in case seeks transfer of trial to Delhi, and that the CBI should file its status reports before the top court and not before the state government.
Mehta, citing the Uttar Pradesh government's affidavit, informed the top court that adequate security arrangement for victim's family has been made.
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