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Court was told that the only issues that remain for consideration are those which were reduced in writing in the initial orders of the high court regarding the cremation of the deceased, violation of Fundamentals Rights involved in respect thereof, if any, and the accountability of the state officers in this regard
In the suo moto case pertaining to the Hathras incident (In re: Right to decent & dignified last rights/cremation), the victim's family last week submitted before the Allahabad High Court that the court's order dated July 26, 2022, had not been complied with by the State Government.
In the July 26, 2022 order, the high court had directed the State Government to consider employment of one of the family members of the deceased victim under the Government or Government Undertaking commensurate with the qualification possessed by them.
During the hearing in the matter, which was initiated by the high court on October 1, 2020, after taking suo moto cognizance of the issue of the alleged forceful cremation of an alleged gang rape victim at 2 am by the UP Police instead of handing over her body to the family, last week amicus curiae Senior Advocate J.N. Mathur informed the court that State's SLP against the order of July 26, 2022, had been dismissed on March 27, 2023.
He further apprised the division bench comprising Justice Rajan Roy and Justice Jaspreet Singh that the trial in the rape and murder case was over and and vide judgment dated March 2, 2023 one of the accused, namely, Sandeep had been convicted under Section 304 part-I I.P.C. read with Section 3(ii)(v) of the S.C./ S.T. Act, 1989 but the other three accused had been acquitted.
The Senior Advocate further informed the court that against his conviction, Sandeep has filed an appeal before the High Court which is pending but no appeal has been filed against acquittal, as of now.
Furthermore, regarding the policy for cremation/ burial, the amicus curiae told the court that the same had already been notified in pursuance to the orders of the high court passed earlier.
He submitted that now the only issues that remained for consideration were those which were reduced in writing in the initial orders of the high court regarding cremation of the deceased, violation of Fundamentals Rights involved in respect thereof, if any and the accountability of the officers in this regard.
Since the counsel appearing for the State sought an adjournment, while taking amicus curiae's submission on record, the high court posted the matter for next hearing on September 21, 2023.
Case Title: In Re: Right to decent and dignified last rites/cremation
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