Report sought on an affidavit filed by the victim’s elder brother to stop the trial proceedings after he was allegedly threatened in the courtroom
Responding to an affidavit filed on behalf of the elder brother of Hathras gang rape and murder victim, he and his lawyer were allegedly threatened in the court of special judge, given the real and serious risk of the trial proceedings. SC / ST), Hathras, On 5 March, the Allahabad High Court has asked the District Judge, Hathras, and the Inspector General of Central Reserve Police Force to look into the allegations and submit a report within 15 days.
Thereafter, a two-judge bench of Justices Rajan Roy and Jaspreet Singh said on Friday, “It will consider whether the trial before the Special Judge (SC / ST) is required to stay at Hathras or be shifted elsewhere?” Exercise of powers under Section 407 of CrPc ”.
The affidavit submitted on March 18 by the victim’s brother states that on March 5, when he along with his wife and lawyer Seema Kushwaha went to the special court of BD Bharti to file the prosecution evidence, Tarun Hari A lawyer named Sharma created a ruckus. The court and her and her lawyer, accused of shouting and issuing threats. Mr. Sharma was under the influence of alcohol and said that Ms. Kushwaha could not represent the victim’s family.
The affidavit states that a large crowd, including lawyers, gathered inside the dock to threaten and intimidate the complainant and his lawyer.
Due to fear for his life and safety, the affidavit stated, prosecution witnesses could not hear properly. When the proceedings resumed, the affidavit stated, another advocate, Hari Sharma, who is said to be the father of Tarun Hari Sharma, entered the court room and issued threats. Subsequently, the affidavit stated, the Presiding Judge was compelled to stop the proceedings, asked the police personnel present in the court to provide security cover within the court premises, and directed the Station House Officer (SHO), Kotwali To provide safe and secure routes. Ms. Kushwaha.
Central Bureau of Investigation counsel Anurag Singh informed the High Court that the investigating agency intended to file an application for transfer of the case from the state Hathras to elsewhere within the state.
The bench has asked that CCTV footage, if any, of the events of March 5 should be preserved.
The High Court further held that by the next date of listing, the trial court should conduct the proceedings in the letter and spirit of Section 327 CrPc. It also directed the District Judge to ensure that the trial is done before the court concerned, in an independent and impartial manner.
Notably, the affidavit has been filed on March 12 after the Supreme Court dismissed the petition of the aggrieved family for transferring the case out of Uttar Pradesh.
One of the accused’s lawyers, Munna Singh Pundir, alleged that “just a play was being made” to transfer the case out of Hathras. “Tarun is the son of Mr. Sharma, one of the accused. If he was under the influence of alcohol, it could be easily tested, ”he said.
Superintendent of Police Vineet Jaiswal said he had no idea of the incident until the HC order came through a media report.
The case has been listed for next hearing in the Allahabad High Court for 7 April.
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