Hathras gang rape and murder trial can be shifted to a safe place to ensure free & fair proceedings: HC

LUCKNOW: Issuing a slew of directions on Friday to secure the trial, including witnesses and lawyers in the Hathras gang rape and murder case, the Lucknow bench of Allahabad high court ordered in-camera proceedings, while handing out a warning that the trail could be transferred out of Hathras to any other safe place.
The court directed Hathras district judge and inspector general, CRPF, to hold an inquiry within 15 days into allegations that lawyers and prosecution witnesses were threatened before the special judge (SC/ST) during trial proceedings on March 5.
While summoning inquiry reports, a division bench of Justices Rajan Roy and Jaspreet Singh said for free and fair trail, it could consider shifting the trial from Hathras, while directing CRPF to continue providing protection to the family of the deceased gang rape victim. The bench also directed the state government to make security arrangements for smooth conduct of trial within and outside the court.
Directing the special judge (SC/ST) Hathras to conduct in-camera proceedings, the bench warned that if any person tried to disturb proceedings or attempted to threaten life, liberty and property of the victim’s family and witnesses, it would take serious action, including contempt proceedings. The bench passed the orders on a PIL — Right to Decent and Dignified Last Rite — which was registered suo motu after the Hathras incident.
While demanding that special judge (SC/ST) be asked to submit a report on alleged intimidation of their lawyers and witnesses during the March 5 trial, the gang rape victim’s brother sought a stay in proceedings to avoid miscarriage of justice.
The victim’s counsel, Sharad Bhatnagar, apprised the bench that the Supreme Court was not informed about the March 5 ruckus, when it rejected a plea to transfer the trial outside Uttar Pradesh.
CBI lawyer Anurag Singh told the bench that the premier agency intended to file an application for transfer of the trial from Hathras to elsewhere in the state. The bench fixed April 7 for the next hearing.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)