Allahabad HC dismisses plea claiming Hathras victim’s family in ‘illegal detention’

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By: Express News Service | Lucknow | October 9, 2020 5:10:34 am

hathras case, hathras protests, hathras gangrape, yogi adityanath, up police, indian expressSecurity at Hathras village. (Express photo: Praveen Khanna)

The Allahabad High Court on Thursday dismissed a habeas corpus writ petition filed by Haryana resident Surender Kumar on behalf of the Hathras victim’s family, who, he claimed, had been illegally detained by the district administration. Dismissing the plea, the court pointed out that the matter was already sub judice in the Supreme Court.

Kumar, who identified himself as the national general secretary of Akhil Bhartiya Valmiki Mahapanchayat, claimed he had been approached by the family. In the petition, he alleged that the district administration had illegally detained the victim’s family, and said they should be allowed to travel to Delhi.

Dismissing the plea, a division bench of justices Pritinker Diwaker and Prakash Padia said the Supreme Court was already hearing the matter, and it would not be “proper for this court to entertain the petition on merits”.

The High Court observed that the victim’s family had been provided security after the top court made an observation, and also on the basis of directions issued by the Lucknow Bench of the Allahabad High Court on October 1 in a suo motu petition. If the petitioner had any grievance, he was free to approach the Supreme Court, the High Court added.

In the October 1 proceedings, the High Court had taken suo motu cognizance of the fatal assault and alleged gangrape of the 19-year-old Dalit woman in Hathras, and directed senior state officials and the police to attend the next hearing on October 12. The judges also said it wants the victim’s family to appear so it can hear their version.

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