Allahabad High Court to consider transfer of Hathras gang-rape and murder case
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Report sought on affidavit filed by elder brother of sufferer to keep trial proceedings after he was allegedly threatened in courtroom
Responding to an affidavit filed by the elder brother of the Hathras gang-rape and murder sufferer to keep the trial proceedings given the true and grave threat of a miscarriage of justice after he and his counsel had been allegedly threatened within the courtroom of the Special Judge (SC/ST), Hathras, on March 5, the Allahabad High Court has requested the District Judge, Hathras, and the Inspector-General Central Reserve Police Force to look into the allegations and submit a report inside 15 days.
After that, the two-judge Bench of Justices Rajan Roy and Jaspreet Singh mentioned on Friday, “it would consider whether trial in question before the Special Judge (SC/ST), Hathras is required to be stayed and is to be transferred elsewhere in the exercise of powers under Section 407 of CrPc”.
The affidavit submitted by the sufferer’s brother on March 18 mentioned that on March 5, when he, accompanied by his spouse, and counsel Seema Kushawaha, went to the Special Court of B.D. Bharti to file prosecution proof, an advocate named Tarun Hari Sharma stormed into the courtroom and charged in the direction of him and his counsel, shouting and issuing threats. Mr. Sharma appeared to be below the affect of alcohol and he mentioned that Ms. Kushwaha couldn’t signify the sufferer’s household.
The affidavit additional mentioned a big mob, together with attorneys, gathered contained in the courtroom so as to threaten and intimidate the complainant and his counsel.
On account of worry for his or her life and safety, the affidavit mentioned, the prosecution witness couldn’t depose correctly. When the proceedings resumed, the affidavit said, one other advocate, Hari Sharma, who is claimed to be the daddy of Tarun Hari Sharma, entered the courtroom and issued threats. After this, the affidavit mentioned, the Presiding Judge was pressured to cease the proceedings, ask police personnel current within the courtroom to present safety cowl inside courtroom premises, and direct the Station House Officer (SHO), Kotwali to present protected and safe passage to Ms. Kushwaha.
Anurag Singh, counsel of the Central Bureau of Investigation, knowledgeable the High Court that the investigating company meant to file an utility for transfer of trial from district Hathras to elsewhere inside the State.
The Bench has requested that the CCTV footage, if any, of the incidents of March 5 ought to be preserved.
The High Court additional supplied that until the subsequent date of itemizing, the trial courtroom ought to conduct the proceedings in-camera within the letter and spirit of Section 327 CrPc. It additionally directed the District Judge to make sure the trial was performed earlier than the Court involved in a free and honest method, with none outdoors hindrance.
Notably, the affidavit has been filed after the Supreme Court dismissed the petition of the sufferer’s household to transfer the case out of Uttar Pradesh on March 12.
Munna Singh Pundhir, one of the attorneys of the accused, alleged it was “just a drama being created” to get the case transferred out of Hathras. “Tarun is the son of Mr. Sharma, who is also one of the advocates of the accused. If he was under the influence of alcohol, it could have been easily checked,” he mentioned.
Superintendent of Police Vineet Jaiswal mentioned he had no thought of the incident until the HC order got here to mild by media stories.
The matter has been listed for April 7 for the subsequent listening to within the Allahabad High Court.
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