ALLAHABAD HIGH COURT QUASHNG THE WRIT PETITION OF HABEAS CORPUS FILED IN ACCORDANCE TO HATHRAS RAPE CASE.

ALLAHABAD HIGH COURT QUASHNG THE WRIT PETITION OF HABEAS CORPUS FILED IN ACCORDANCE TO HATHRAS RAPE CASE.

This post is written by Soumita Bhattacharyya.

The Habeas Corpus Writ petition filed by the Hathras Rape Victim family was dismissed by the Allahabad High Court. The Writ Petition alleged charges against UP Government for illegal detention. The Petition alleged that the victim’s family members were being illegally detained at their homes from 14th September by the UP Government. It also claimed that the victim’s brother was the only person who was allowed to travel along with the victim to the Hospital at Agra. Only on 28th September two other members were allowed to accompany the victim to Delhi for her further treatment. It was also alleged that the corpse custody was not given to the family and that even after so many days the family still continues to be in detention. The Petition argued for violation of Fundamental rights- Right to Freedom of Speech and Expression and Right to Receive information. A strict violation of the above fundamental rights was highlighted in the Petition. 

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

The State conflicted the charged by saying that the family has not shown any desire to move or travel rather they are free to go anywhere. That they are not subjected to any form of detention. 

The decision was taken by the Hon’ble High Court Bench comprising of Justice Pritinker Diwaker and Justice Prakash Padia. The Hon’ble court dismissed the plea on the grounds that the matter mentioned in the petition is already under the scrutiny of Hon’ble Supreme Court in the case of Satyama Dubey & Ors. v. Union of India & Ors. 

The State argued that the matter rests already in the hands of the Supreme Court and the Petition is not maintainable. Apparently it was claimed by the family of the victim that they had not authorized anyone to go ahead and file the Petition on behalf of them. The Stated further conflicting the charges in the Petition stated that the family was given full security and that CCTV cameras were installed and any sort of unwanted interventions were prevented from indulging. These all actions were taken to ensure security and safety of the family.

The Hon’ble High Court observed that the matter is already in the hands of the Supreme Court and that the UP Government has already been given directions to clarify the actions taken by them. The Bench clearly mentioned that the victim’s family is free to go and file their grievances in the Apex Court in the form of petition.

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