LUCKNOW: Reserving its order in Hathras case, a Lucknow bench of Allahabad high court on Monday asked the state government why no action was taken against district magistrate Pravin Kumar Laxkar, as per its previous direction, for fairness of probe and justice.
Responding to this, the state government assured the bench to take a decision in his regard by November 25. The bench also directed the CBI to lay before it the status of investigation in the matter on the next date.
The bench of Justice Pankaj Mithal and Justice Rajan Roy was hearing the PIL which the court had earlier registered suo motu in the case related to alleged gang rape and murder of a 19-year-old girl, especially the issue of her cremation.
On Monday, the bench asked the state government as to what decision was taken about the DM in view of the previous direction. At this, the state counsel defended Laxkar, saying that he was not at fault. “The SP, too, was suspended due to poor handling of the probe in the alleged gang rape case and not on cremation issue," he said.
At this, the bench said that on the previous date it had asked the state if it was just to retain the DM in Hathras for the purpose of impartiality and transparency? Reminding about the previous hearing to the state government, the bench said that to this, the state had assured it to do the needful in DM’s matter to meet its concern .
Before this, the state government, DM Laxkar and the then SP Vikrant Veer filed their affidavits before the court. Additional advocate general VK Sahi informed the bench that the state’s affidavit contained a draft of the guidelines to be followed in Hathras-like situation, so far as cremation was concerned.
In their affidavits, the DM the and then SP repeated their stand that the decision to cremate the victim in night was taken keeping in the existing situation in a bona fide manner and that kerosene was not used in the cremation.
ADG (law and order) Prashant Kumar, home secretary Tarun Gauba, the then SP Vikrant Veer were present in the court at the time of the hearing on Monday.
The court also asked CBI counsel Anurag Singh to furnish the status of probe by next date.
The court was also apprised that the compensation amount was transferred in the bank account of the victim’s father. The bench was also informed that the victim's family had been given security by the CRPF.
Senior Supreme Court lawyer Siddhartha Luthara appeared for the accused and requested the court not to make any observation in its orders that may affect the investigation.
Meanwhile, the victim’s lawyer Seema Kushwaha reiterated her demand to transfer the trial out of UP. Central government’s assistant solicitor general SP Raju and amicus curie JN Mathur also appeared to address the bench.
After completing its Monday’s hearing , the bench reserved its order to be dictated in the chamber.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)