Allahabad High Court dismisses plea alleging Hathras family illegally held

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The Allahabad High Court on Thursday dismissed a petition alleging that district authorities had illegally confined family of Hathras rape victim in their house.

The family was represented in the petition by an organization working for Valmiki samaj.

A two-judge bench, comprising justice Pritinker Diwaker and justice Prakash Padia, dismissed the petition as the matter is already before the Supreme Court, and said the petitioners can file appropriate application before the top court while raising their grievances, if any.

The petition was filed on behalf of Om Prakash, who is father of the victim, along with mother, two brothers and two more family members. In the petition it was claimed by Surender Kumar, National General Secretary of the Akhil Bharatiya Valmiki Mahapanchayat, that he was approached by the family members of the victim over telephone and did it on their behalf.

Advocate Kashif Abbas Rizvi appearing for Petitioners argued, “Family members have been prevented from meeting or communicating freely, thereby violating their Right to freedom of speech and expression as well as the right to receive information.”

“The body of the victim was not handed over to the family and the family of the victim wants to travel to Delhi but are being stopped from doing so by district administration without any lawful reason and by use of illegal force and measures,” argued Advocate Rizvi.

Counsel for the state government argued that the matter is before the Supreme Court and the family had in writing denied that they authorised anyone to file this petition.

“State government had provided adequate security to the family as per directions of the Supreme Court, including installation of CCTV near their house. Further, the family is free to move,” argued the government counsel.

The bench without entering into the merit of the case, dismissed the petition while observing, “In the aforesaid facts and circumstances of the case, judicial propriety demands that it will not be proper for this court to entertain the present petition on merits, especially when security has been provided to petitioners 1 to 6 and other family members of the deceased victim-girl on the observation made by the Hon’ble Apex Court and also on the basis of the directions issued by the Lucknow Bench of this Court.”

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