A new PIL has been filed in the the Apex Court seeking for enrollment of penal offences as well as offences beneath the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act against the authorities concerned.

This PIL prays the Court to direct enrollment of these offenses against police authorities, hospital staff and medical officers and other government authorities, who supposedly had a part to play within the “destruction of evidence” and “shielding of the accused”.

“…the incident at Hathras is most shocking because the very people Constitutionally assigned with the obligation of maintaining the rule of law are involved in covering up this heinous crime committed against a woman of lower caste, who lost her life after succumbing to grave injuries from the incident.”

This PIL, recorded by a social activist Chetan Janardhan Kamble, says that the part played by the authorities of the State, be it the Police, district administration or the government hospital authorities is obvious. It is related for strict activity to be taken against such failing authorities to guarantee that the faith of the people within the rule of law isn’t scattered.

The series of events as detailed purportedly appear association and complicity of the State authorities in “destruction of evidence”, the PIL alleges including that these authorities show up to be protecting the charged people.

Additionally, even before the examination within the rape case has concluded, a few high positioning authorities made public explanations denying the commission of offense of rape. Thus, the appeal says,“indicates a clear nexus between the State Police and the accused.”

The midnight incineration that taken after  the victim succumbed to her wounds was another shocking step taken by the police authorities and smacks of them being involved in suppressing the crime rather than investigating it,” the plea avers.

“This unpardonable crime by the state police and other government instrumentality, which denied the family of the victim even the basic right to perform last rites on the body of the victim is nothing but depravity of the soul.” It was added.

Whereas it was claimed by the State of UP that the incineration was done in the presence of the family member and done at night in order to anticipate any untoward law and order circumstance, the PIL says that it is no defense to take a step leading to pulverization of evidence and hindering a reasonable examination.

The taking care of the complete case has appeared signs of mala fide of the State of Uttar Pradesh which has been taken note of by the Allahabad High Court in its suo motu case enlisted by the Lucknow Bench.

In this manner, the applicant has prayed for directions for taking strict action against the failing authorities as well as politicians”no matter how influential” and for registration of offences under Sections 166-A, 193, 201, 202, 203, 212, 217, 153-A and 339 of the Indian Penal Code as well as offences under section 3 (2) and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

In addition, a direction for examination by an “independent special task force with impeachable integrity” is additionally looked for by the applicant who also prays for direction for CRPF to provide protection to witnesses while the trial remains pending. 

The request is drawn by Advocates SB Talekar and Karthik Jayashankar and filed through Advocate Vipin Nair.


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