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Hathras Gang Rape: Allahabad HC Refuses To Stay or Transfer Trial

The HC's decision was informed by the report submitted by the District Judge on the incident.

Published
Law
2 min read
The Central Bureau of Investigation (CBI) team which is probing the Hathras gang-rape and murder on Tuesday, 13 October, visited the scene of the incident, a day after they reached the city in Uttar Pradesh.
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In a recent development in the Hathras gang rape case, the Allahabad High Court on 27 August, refused to stay or transfer the trial to a Special Court outside Hathras.

The order has come in a plea moved by the victim's brother wherein he had asked the court to transfer the trial to some other court in light of the mob violence that had taken place during the proceedings before the Special Court in Hathras.

The victim's brother had alleged that an unruly mob, which included lawyers had barged into the trial court during the proceedings and intimidated the witnesses and the complainant's counsel, eventually forcing the trial judge to halt the proceedings.
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No Reason To Stay The Proceedings: HC

The Division Bench of Justice Rajan Roy and Justice Singh based their decision on the report filed by the District Judge and the security guards on this issue.

While rejecting the plea to either stay or transfer the proceedings, the court said:

Having perused both the reports and the statements/reports annexed therewith, without mentioning the details contained therein considering the sensitive nature of the case, as was also requested by learned Amicus Curiae who was permitted by us to go through the reports, suffice it to say, as of now, we do not find any reason to stay the proceedings in Session Trial No 538 of 2020 (Case Crime No. 0005 of 2020) pending before the Special Court (SC/ST Act), Hathras nor for that matter to transfer the same elsewhere.
Allahabad High Court

On 20 March, the high court had issued a slew of directions to secure the safety of the trial and the witnesses and lawyers in the Hathras gang rape and murder case. These directions had come after the victim's brother moved the court alleging the incident of a mob violence inside the courtroom.

After that, the District Judge was tasked with conducting an inquiry and submit a report before the high court.

While the court rejected the plea to stay or transfer the trial, it also made it clear that the directions contained in its previous order for providing security to witnesses and the family of the victim with regard to non-disruption of the trial by any person will continue.

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