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Synopsis

The Allahabad High Court at Lucknow Bench has directed the Hathras District Magistrate to expedite its response to the victim family's formal request for relocation, if any is made, emphasizing a balanced resolution amidst the ongoing Supreme Court proceedings.

Notably, the family has sought relocation to Delhi through a Special Leave Petition (SLP) filed in the Supreme Court.

The case stems from a suo-motu case regarding the Hathras incident (In re: Right to decent & dignified last rites/cremation) spotlighting the aftermath of the 2020 Hathras incident that ignited widespread outrage.

The bench comprising Justices Rajan Roy and Jaspreet Singh, addressed the victim family's plea for relocation from Hathras, citing safety concerns. Senior Advocate Mahmood Pracha, representing the family, argued for their relocation to Ghaziabad or Noida in Uttar Pradesh, in line with their earlier requests.

Highlighting procedural requirements, the court noted the absence of a formal application by the family to the Hathras District Magistrate. The bench urged the family to file the requisite application, directing the District Magistrate to promptly review and decide on the matter. If deemed beyond the District Magistrate's jurisdiction, the application is to be escalated to the state government for swift action.

Counsel for the state, Adv Pranjal Krishna, informed the court that similar issues raised in the Hathras matter are under consideration by the Supreme Court. The court clarified that the ongoing SLP proceedings would not impede its efforts to ensure immediate relief at the state level. It added that the current order was issued without prejudice to the pending Supreme Court case.

The direction comes amid prolonged delays since February 2024 when the family's relocation was first proposed. The division bench underlined the urgency, directing state authorities to report progress by January 8, 2025.

The next hearing will examine the authorities' compliance.

In October 2020, the Allahabad High Court took suo moto cognizance of the issue of allegedly forceful cremation of a gang rape victim At 2 Am by UP police in Hathras, UP instead of handing her body to the family.

The matter has been heard extensively by the high court and 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.

The trial in the rape and murder case of the victim has already been over 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.

Case Title: Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat v. State Of U.P.