Hathras Case: Supreme Court Orders CBI Investigation and Protection for Victim’s Family

The case of Satyama Dubey & Ors. vs. Union of India & Ors. concerns the brutal gang-rape and murder of a 19-year-old Dalit girl in Hathras, Uttar Pradesh. The Supreme Court examined whether the investigation should be transferred to the Central Bureau of Investigation (CBI) and whether adequate protection was provided to the victim’s family and witnesses. The Court also addressed allegations of mishandling of the case by Uttar Pradesh police, particularly regarding the late-night cremation of the victim’s body without her family’s consent.

Background of the Case

The incident took place in September 2020, when a 19-year-old girl from Hathras was allegedly gang-raped and brutally assaulted. She suffered serious injuries and was shifted to Safdarjung Hospital, Delhi, where she succumbed to her injuries on 29.09.2020. The manner of her cremation—conducted late at night by the Uttar Pradesh police without her family’s approval—sparked nationwide outrage.

Several petitions were filed in the Supreme Court, seeking a CBI investigation, transfer of the case to Delhi, and protection for the victim’s family and witnesses. The Allahabad High Court also took suo motu cognizance of the matter and registered PIL(C) No.16150/2020.

Key Legal Issues

1. Need for a CBI Investigation

The petitioners argued that the Uttar Pradesh police had failed to conduct a fair investigation and that only an independent agency like the CBI could ensure justice. They contended:

• There was a delay in registering an FIR.
• Crucial evidence was not preserved properly.
• The victim’s family was harassed and pressurized.
• The police cremated the body at night without following due process.

The Uttar Pradesh government itself requested a CBI probe, and the Supreme Court noted that the investigation had already been handed over to the agency on 10.10.2020. The Court ruled:

“The apprehensions expressed by the petitioners that there would be no proper investigation if the Uttar Pradesh Police conducted the same would not remain open for consideration at this stage.”

2. Protection for the Victim’s Family and Witnesses

The petitioners raised concerns about the safety of the victim’s family and witnesses, arguing that they faced threats and intimidation. Senior Advocate Indira Jaising requested that security be provided by the Central Reserve Police Force (CRPF) instead of the Uttar Pradesh police.

The state government submitted an affidavit stating that a three-tier security arrangement was in place, comprising:

• Armed police personnel at the victim’s house.
• Regular patrolling by civil police.
• Installation of CCTV cameras and additional lighting.

However, the Supreme Court ruled:

“Without casting any aspersions on the security personnel of the State Police, in order to allay all apprehensions and only as a confidence-building measure, we find it appropriate to direct that the security to the victim’s family and the witnesses shall be provided by the CRPF.”

3. Transfer of Case to Delhi

Some petitioners requested that the trial be transferred from Uttar Pradesh to Delhi, arguing that the local judiciary and administration might not act impartially. However, the victim’s family, represented by Advocate Seema Kushwaha, stated that they would consider seeking a transfer after the CBI investigation was complete.

The Supreme Court ruled:

“The issue as to whether the trial of the case is to be transferred is a matter which is kept open to be considered if the need arises in the future.”

4. Monitoring by the High Court

The Allahabad High Court had already taken suo motu cognizance of the case. The Supreme Court found no reason to intervene and allowed the High Court to continue monitoring the case, stating:

“The High Court has adequately delved into the aspects relating to the case to secure a fair investigation. It would be appropriate for the High Court to proceed to monitor the investigation in the manner in which it would desire.”

Final Verdict

The Supreme Court issued the following orders:

• The CBI will continue to investigate the case and report to the Allahabad High Court.
• The CRPF will provide security to the victim’s family and witnesses.
• The request for case transfer to Delhi was kept open for future consideration.
• The Allahabad High Court will continue to monitor the case.

The Court also directed the High Court to remove the victim’s family’s personal details from its previous orders to protect their privacy.

Key Takeaways

• The Supreme Court upheld the need for an independent CBI investigation to ensure justice in the Hathras case.
• The Court ordered CRPF protection for the victim’s family and witnesses to prevent any possible threats.
• Monitoring of the case was entrusted to the Allahabad High Court instead of the Supreme Court.
• The decision on transferring the trial to Delhi was deferred until after the CBI completes its investigation.
• Concerns about the police’s handling of the victim’s cremation and alleged mishandling of evidence were noted but left for the High Court to examine.

This ruling ensures that the case is closely scrutinized, giving confidence to the victim’s family and the public that justice will be served.

Petitioner Name: Satyama Dubey & Ors..
Respondent Name: Union of India & Ors..
Judgment By: Justice S. A. Bobde, Justice A. S. Bopanna, Justice V. Ramasubramanian.
Place Of Incident: Hathras, Uttar Pradesh.
Judgment Date: 27-10-2020.

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