Issue norms to avoid actions like Hathras cremation: Allahabad high court to UP govt

Lucknow: The Lucknow bench of the Allahabad high court has asked the UP government to submit at the next hearing administrative guidelines to avoid incidents such as the late night cremation of the Hathras victim.
The bench on Tuesday remained dissatisfied with explanations of the administration on why the victim’s body was not handed over to the family for last rites or why the cremation was held late in the night.

“The guiding principle of governance and administration after Independence should be to ‘serve’ and ‘protect’ people and not to ‘rule’ and ‘control’, as was the case prior to Independence. Government should come out with appropriate procedures as guidance for district officials to deal with such situations,” the court said.

Referring to ADG (law & order) Prashant Kumar’s declaration there was “no rape” as forensic tests could not trace sperm, the court asked if he was unaware of amendments made to the law to define rape.

The amended law reads: “Mere absence of semen during forensic examination, though a factor for consideration, would not by itself be conclusive as to whether rape had been committed or not, if there are other admissible evidence.”

The HC directed that no officer unrelated to the investigation should make public statements on the alleged offence as it can lead to “unnecessary speculation and confusion among the masses, who may not be aware of niceties of law, thereby fuelling emotions on both sides.”

It also asked additional chief secretary (home) Awanish Awasthi why the DM of Hathras district has been allowed to continue while the SP was suspended, since decisions were taken collectively by the SP and DM (along with IG/ADG and commissioner of Aligarh).

It asked Awasthi why the two officers were treated differently and if it was fair for the DM to continue while the investigation was on matters where he had a role. Awasthi said the government would look into the matter and take a decision.