The Supreme Court turned down a writ petition brought by a father requesting a court-monitored investigation into a kidnapping, gang rape, and murder case.
The petitioner’s father was given permission to seek the High Court by a bench led by Chief Justice of India NV Ramana.
Moreover, the Bench, which also included Justice Krishna Murari and Justice Hima Kohli, made strong statements in opposition to the petitioner’s strategy of petitioning the Supreme Court.
The appeal was filed in response to the gang rape and murder of a 16-year-old girl on January 21, 2 in the Bulandshahr district of Uttar Pradesh.
During the hearing, the petitioner’s counsel claimed that the petitioner’s underage daughter was kidnapped, gang-raped, and slain and that her parents were not even given the opportunity to do her final rites before the police forcibly burned her remains at midnight.
The Petitioner was warned that the same arguments might be presented in the High Court as well.
Supreme Court suggests approaching High Court
Responding to Supreme Court’s suggestion that the petitioner should approach the High Court, the Counsel said “I am a labourer, I can’t go to High Court, to Supreme Court, I am a victim of the system, there’s complete lawlessness in UP”
“Don’t flood this court with these types of petitions, sorry. You can go to the High Court and say the same. Why are you coming directly to the Supreme Court straightaway?”, CJI Ramana inquired of the advocate.
Meanwhile, the Bench then stated that it might either allow the petitioner’s request to go to the High Court or dismiss the case.
“We can grant liberty to approach the High Court. Every writ petition I can’t entertain”, the CJI said.
The Counsel then asked for permission to withdraw the petition and appeal to the Supreme Court.
“Don’t repeat it again. Permission to withdraw and approach the High Court”, CJI said.
Despite the girl’s father’s accusations, no FIR was lodged by the police, according to the current writ case filed by Advocate Varinder Kumar Sharma.
Moreover, it is also said that the police refused to allow him to discharge his daughter’s last ritual rights and that the police forcibly incinerated the victim’s body at midnight without informing the family.
The petition also requested that the petitioner and other witnesses be given proper protection.
Further, the petitioner also sought that a court-monitored investigation is conducted into the officials who were involved in the cremation and illegal imprisonment of family members.
These factors, according to the petitioner, clearly establish that there is no opportunity for a fair investigation, necessitating a court-monitored investigation.
Courts have taken steps to supervise the investigation of alleged criminal acts in multiple previous instances, according to the petitioner, notably in the cases of Bharati Tamang V Union of India & Ors. and Zahira Habibulla H.Sheikh & Anr. v. the State of Gujarat.
Further orders have been sought, including a mandamus order for the investigation of the Respondents’ role in the mishandling of the victim’s body and a mandamus order for the registration of the offence under relevant sections of the IPC against government officials involved in the destruction of evidence.