Horrible, shocking, extraordinary: CJI
Seeks details of witness protection
New Delhi: The Supreme Court on Tuesday termed the Hathras incident "horrible, shocking and extraordinary" as it sought an affidavit from the Uttar Pradesh government on three aspects: how the family and witnesses are being protected; has the family chosen a lawyer to assist them in the matter and what is the scope of the Allahabad high court proceedings and how could it widen its scope.
A Bench comprising Chief Justice SA Bobde and Justices A S Bopanna and V Ramasubramanian said the court will ensure the investigations into the matter are smooth.
"The incident is horrible, shocking... We are hearing you as the incident is extraordinary," said Chief Justice to senior advocate Indira Jaising, representing an intervenor in the matter.
Jaising submitted before the bench that she does not want to interfere with the investigation and insisted on the transfer of the case from one state to another. She also cited that 27 FIRs have been lodged against several protesters in the matter and emphasised on providing witness protection.
The Apex Court observation came while hearing a PIL during which the state government expressed willingness to refer the investigation to the CBI on the ground that fake narratives were being spread about the case with political motives.
Solicitor General Tushar Mehta, appearing for the UP government, said, "narratives after narratives being spread in Hathras case, 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 the CBI under the Apex Court's supervision.
Mehta said the state government is not opposing the plea for a fair probe by the CBI or a Special Investigation Team and said a young innocent girl has lost her life, but nobody should sensationalise it. Investigation should be fair, appear fair.
Jaising asked the top court to provide protection to the victim's family.
She said the family has expressed that they are not satisfied with the CBI taking up the case and said an SIT, monitored by the Apex Court, should probe the case.
At this point, the bench asked Jaising what her locus standi was in the case.
Advocate Kirti Singh, appearing for few woman lawyers, said the probe should be under the supervision of the court.
The Apex Court said this is a horrible incident but it does not want repetitive arguments in court. "Please understand that there is no need to duplicate concerns in the court of law," the bench said.
The Uttar Pradesh government earlier in the day sought a CBI probe into the alleged gang-rape and death of the Dalit woman, saying it will ensure that no vested interest is able to create a fake and false narrative with "oblique motives".
Quoting FSL reports, it has, however, denied the charge that rape was committed.
Meanwhile, a journalists' organisation has moved the Supreme Court against the arrest of a scribe by UP Police in Mathura while he was on his way to Hathras.
The Kerala Union of Working Journalists (KUWJ) has filed a habeas corpus petition in the top court against his arrest.
Terming the arrest as illegal and unconstitutional, the journalists' body has filed the petition seeking his immediate production and release from "illegal detention".
The Uttar Pradesh police had on Monday said it has arrested four persons having links with the Popular Front of India and its affiliate in Mathura.
Hours after the arrest, the prominent journalist body of Kerala identified Malappuram native Siddique by his full name as Siddique Kappan, saying he is "a senior Delhi-based journalist".
The KUWJ also wrote a similar letter to Prime Minister Narendra Modi, urging him to order Kappan's release.