Hathras Case: Fresh PIL in Supreme Court says register offences under IPC, SC/ST Act against Police, government, hospital officials

A fresh PIL has been filed before the Supreme Court praying for registration of penal offences as well as offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act against the officials concerned..This PIL urges the Court to direct registration of these offences against police officials, hospital staff and medical officers and other government officials, who allegedly had a role to play in the "destruction of evidence" and "shielding of the accused".."...the incident at Hathras is most shocking because the very people Constitutionally assigned with the obligation of maintaining the rule of law are involved in covering up this heinous crime committed against a woman of lower caste, who lost her life after succumbing to grave injuries from the incident.".This PIL, filed by a social activist Chetan Janardhan Kamble, says that the role played by the officials of the State, be it the Police, district administration or the government hospital officials is evident. It is pertinent for strict action to be taken against such erring officials to ensure that the faith of the people in the rule of law is not dissipated..The series of events as reported purportedly show involvement and complicity of the State officials in "destruction of evidence", the PIL alleges adding that these officials appear to be shielding the accused persons..After the incident of alleged gang-rape, the government hospital where the victim was taken in Aligarh did not collect requisite swabs and other samples despite visual indication of a sexual offence having been committed against her. Forensic test was conducted belatedly resulting in no semen sample being found, the PIL points out.Moreover, even before the investigation in the rape case has concluded, several high ranking officials made public statements denying the commission of offence of rape. This, the petition says, "indicates a clear nexus between the State Police and the accused.".The midnight cremation that followed after the victim succumbed to her injuries was another shocking step taken by the police officials and "smacks of them being involved in suppressing the crime rather than investigating it," the plea avers. It adds,."This unpardonable crime by the state police and other government instrumentality, which denied the family of the victim even the basic right to perform last rites on the body of the victim is nothing but depravity of the soul.".While it was claimed by the State of UP that the cremation was done in the presence of the family member and done at night in order to prevent any untoward law and order situation, the PIL says that it is no defense to take a step leading to destruction of evidence and obstructing a fair investigation..The handling of the entire case has shown signs of mala fide of the State of Uttar Pradesh which has been taken note of by the Allahabad High Court in its suo motu case registered by the Lucknow Bench..Therefore, the petitioner has prayed for directions for taking strict action against the erring officials as well as politicians "no matter how influential" and for registration of offences under Sections 166-A, 193, 201, 202, 203, 212, 217, 153-A and 339 of the Indian Penal Code as well as offences under section 3 (2) and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act..Moreover, a direction for investigation by an "independent special task force with impeachable integrity" is also sought by the petitioner who also prays for direction for CRPF to provide protection to witnesses while the trial remains pending..The petition is drawn by Advocates SB Talekar and Karthik Jayashankar and filed through Advocate Vipin Nair.