HC takes automatic cognizance on Hathras incident, order to be presented to Additional Chief Secretary, DGP, ADG, DM and SP

The funeral of the dead body of the victim of Hathras without the consent of the family seems to be heavy for the administration. The Lucknow bench of the High Court has summoned the Additional Chief Secretary Home, Director General of Police, Additional Director General of Law and Order, District Hathras and Superintendent of Police Hathras on October 12, taking suo motu cognizance. The court has ordered these officers to appear with documents related to the case etc. At the same time, we have asked to explain the progress of investigation.

This order was given by a division bench of Justice Rajan Roy and Justice Jaspreet Singh. The court has taken cognizance of the media reports of mass misconduct with the girl in Hathras and forced funeral after her death. The court has also ordered the filing of an automatic cognizance petition from the ‘right to the funeral procession’.

The court said that on one hand SP Hathras says that we had handed over the body to the family and the administration had only supported the funeral. At the same time, there is a statement in the media of the father and brother of the deceased that there was no talk to the administration in this regard. Police has done this act using force. The court also cited video of alleged arbitrariness of the police in relation to the funeral. The court said that according to media reports, during this final ceremony that took place overnight, Praveen Kumar, SP Vikrant Veer, ASP Prakash Kumar, Saadabad CO Bhram Singh, Ramshabad CO City Surendra Rao, CO Sikander Rao and Joint Magistrate Prem Prakash Meena 200 PAC jawans. And was present with the police force of 11 police stations.

The court also referred to the statement of ADG, Law and Order Prashant Kumar, in which he said that the body was deteriorating so the family members wanted the funeral to be done at night. The court said that the top officials of the DGP office in the capital are justifying the last rites, which is why the Lucknow bench of the High Court takes cognizance of the matter.

The court further said that it is a case of gross violation of human and fundamental rights, arbitrarily by the top officials of the state. In this case, human and fundamental rights have been violated not only of the deceased victim but also of her family. He said that criminals committed barbarity with the victim and if the allegations are true then salt has been inflicted on the wounds of her family.

The court said that it will examine the matter whether the fundamental rights of the deceased victim and her family have been violated and whether the authorities have arbitrarily violated the said rights. If this is true, then not only will the responsibility have to be fixed but strict action will be taken to guide the future. The court also said that we will also see whether the state government officials, taking advantage of the poverty and social condition of the victim’s family, denied them constitutional rights. The court said that this court can also monitor the investigation of crime with the victim and can also order an investigation from an independent agency if necessary.

The court has also ordered to present the family. The court has also asked the mother and father of the deceased victim to come on October 12 and ordered the district judge of Hathras to ensure their presence. The court has ordered the district and state government officials for their movement, eating, lodging and security. The court has also warned the authorities not to put any pressure on the deceased’s family.

The court quoted Gandhi’s views as saying that tomorrow is the birth anniversary of Mahatma Gandhi, whose heart was beating for the weak. They used to say that remember the face of the poorest and weakest person you have seen and ask from your heart how useful the action you are thinking of taking will be for that man. Will he get any benefit from it. The Court also cited a statement by Oscar Wilde.

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