HC dismisses Hathras victim’s family’s plea against illegal detention by State

Hathras victim's family has been prevented from even meeting or communicating freely, which violates their Fundamental Right to freedom of speech and expression as well as the right to receive information.

victim's family

The Allahabad High Court on Thursday dismissed the habeas corpus writ petition filed on behalf of the Hathras victim’s family against alleged illegal detention by the UP Government.
The Bench of Justices Pritinker Diwaker and Prakash Padia observed that the Supreme Court is already seized with this matter in Satyama Dubey & Ors. v. Union of India & Or and thus, it would be improper for the High Court to entertain this petition.

The victim’s family in the Hathras case had moved a habeus corpus petition in the Allahabad High Court against alleged detention by the UP Government as reported by livelaw.com. 

It was alleged that the immediate family of the deceased victim, i.e. her father, mother, two brothers, sister-in-law and grandmother have been illegally detained in their own homes by the UP Government.

The plea disclosed that the victim’s family has been “geraoed” at their own home since September 14th, i.e the date of the incident, and where only her brother was allowed to accompany her at the hospital in Agra. Further, it was submitted that only on September 28, when she was being moved to Delhi, did the Government allow two more members of the family to visit her.

It was also alleged that the family was not given custody of the victim’s corpse and they remained “forcefully confined” in their homestead land and continue to remain as such.

Further, it was submitted that they family has been prevented from even meeting or communicating freely, which violates their Fundamental Right to freedom of speech and expression as well as the right to receive information under Article 19(1)(a) of the Constitution.

The plea was filed by Adovocares Kashif Abbas Rizvi and Joun Abbas.

The State on the other hand denied that the victim’s family was restrained. In fact, it categorically submitted that the are “free to move” but “they have never made any request before the Administration for going anywhere.”

Further, the State had argued that the writ petition is not maintainable as the matter is already sub-judice before the Supreme Court.

It was also claimed that when the victim’s family was informed about filing of the present petition, they had categorically stated that they did not authorize any one to file such petition.

The State also contended that pursuant to the direction given by the Hon’ble Apex Court, adequate protection and security has been provided to family members of the deceased victim-girl, including petitioners 1 to 6 and even personal Guards have been deployed on duty to ensure their safety. Moreover, CCTV Cameras have been installed near the house of the deceased victim-girl so that unwarranted and unsocial elements may not enter the premises.

Read the Order Here

Also Read: Decoding the Politics of “Order”: Hathras Gangrape and Caste-Crimes in Uttar Pradesh

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