Supreme Court of India declined transfer of Hathras victim family from Uttar Pradesh to Delhi citing safety concerns. Bench of P.S. Narasimha and Alok Aradhe asked Allahabad High Court to decide plea.
The Supreme Court dismissed a request to transfer the family of the deceased victim in the 2020 Hathras gang rape and murder case from Uttar Pradesh to Delhi. The court cited worries about the family’s safety and rehabilitation.
A bench comprising Justices P.S. Narasimha and Alok Aradhe observed that the Allahabad High Court is still actively supervising the case. The Supreme Court therefore asked the High Court to consider the plea, specifically on the need for a contingency plan for the victim’s family.
The Supreme Court stated,
“We are of the opinion that it would not be proper for this Court to consider the order dated for two reasons: Firstly, the present SLP is limited to the interim order dated 27.06.2022, and much time has passed since its issuance. Secondly, the subsequent order is presently under review before the High Court. We request the High Court to take up the challenge to the said order and pass appropriate orders in accordance with law,”
The petition was filed by the victim’s family through Advocate Mahmood Pracha. It argued that the matter involves compliance with the SC/ST Act particularly Rule 15 which requires a contingency plan to protect victims. The petition also challenged the Allahabad High Court’s refusal to shift the family to Delhi, contending that there were jurisdictional hurdles.
During the proceedings, the bench questioned the need to continue with the Supreme Court plea because the matter was already pending before the High Court.
It asked,
“Why is this continuing when it is pending before the High Court?”
It further questioned how parallel remedies were being sought in two different jurisdictions.
Advocate Pracha replied that the Allahabad High Court had denied certain reliefs, including the relocation of the family out of Uttar Pradesh. He added that this is what led the family to approach the Supreme Court, and he relied on parts of the High Court record to show that the request for transfer to Delhi had not been accepted.
The counsel appearing for Uttar Pradesh told the court that later orders from the State government had suggested relocating the family within Uttar Pradesh such as to Aligarh or Kasganj while the issue was still “very much alive” before the High Court. It was also noted that the High Court had expressed dissatisfaction with the State’s stand.
Given the ongoing proceedings, the Supreme Court held that it would not be appropriate to examine the issues at this stage and accordingly disposed of the special leave petition. The court directed the High Court to decide the pending application promptly in accordance with law.
The Allahabad High Court has closely monitored the Hathras case, particularly with respect to protecting the victim’s family, ensuring rehabilitation, and maintaining administrative accountability. It has directed the State to expedite relocation steps, pointed out lapses by local authorities, and continues to seek updates on the investigation.
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