Summary
In petitions concerning the Hathras incident, the Court left monitoring of the ongoing CBI investigation to the Allahabad High Court, which was already seized of suo motu proceedings. It directed CRPF protection for the victim’s family and witnesses within a week as a confidence-building measure. The merits, the alleged illegal cremation and any future transfer of trial remained open. Identifying family details were to be removed from the High Court’s records.
Issues
- Whether the Supreme Court should itself monitor the CBI investigation or leave supervision to the High Court.
- What protection and related procedural directions were required for the victim’s family and witnesses.
Held
- The State had already entrusted investigation to the CBI, which had commenced work. The Allahabad High Court was actively considering the incident in its suo motu proceedings and could monitor the investigation; there was no need for the Supreme Court to take over that function. Requests to intervene before the High Court remained subject to its consideration. (¶¶ 8, 9, 10)
- Although the State had made adequate security arrangements, CRPF protection was directed within one week to allay apprehensions and build confidence, without casting aspersions on State personnel. The Chief Secretary was to notify the competent CRPF officer immediately and the CRPF was to report compliance to the High Court. (¶¶ 11, 12, 14)
- The CBI was to report to the High Court as it directed. Appointment of a Special Public Prosecutor could be considered there under the applicable statutory framework; no separate appointment order was made. Merits and the grievance about cremation were left open for the High Court. (¶¶ 13, 14)
- Transfer of trial was not ordered at this stage. The question remained open for future consideration if necessary after investigation. (¶ 15)
- The High Court was requested to delete identifying names and family relationships from the specified order, obscure them in digital records and avoid such disclosure in future. (¶ 16)
Result
Writ petitions and applications disposed of without costs, with High Court monitoring and CRPF protection directions. Merits and future trial-transfer question left open.