Hathras gangrape: SC seeks govt reply over witness protection; ex-BJP MLA booked over 'justice for accused' meet

As protests over the gang-rape and subsequent death of a 19-year-old Dalit girl in Uttar Pradesh’s Hathras continued in several parts of the country, the Supreme Court on Tuesday said it would ensure a smooth investigation into the case , and sought the state government’s reply on protection being given to witnesses by 8 October.

The UP government told the apex court that despite its “diligent probe” into the Hathras case, “different false narratives started gaining momentum at the behest of some vested interests” and submitted an affidavit recommending a probe by the Central Bureau of Investigation (CBI) to ensure an impartial investigation.

This came a day after the Uttar Pradesh Police on Monday night, a rrested four men, including a journalist , at a toll plaza near Mathura, after receiving information that “some suspicious people were headed to Hathras from Delhi”.

UP Police arrest four with ‘PFI links’

The police alleged that the four — identified as Siddique from Malappuram in Kerala, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur —  were linked to the Popular Front of India (PFI) and its affiliate Campus Front of India (CFI) and claimed that along with their laptops and mobile phones, some literature, which could have an impact on peace and law and order, were seized from them.

The state government had earlier this year sought a ban on the PFI, accusing it of fomenting violence over the Citizenship Amendment Act.

Terming the arrest of the Delhi-based- journalist Siddique Kappan as illegal and unconstitutional, the Kerala Union of Working Journalists (KUWJ) on Tuesday filed a habeas corpus petition in the Supreme Court, seeking his immediate production before the court and release from the “illegal detention”.

The Delhi unit of the KUWJ also wrote to Prime Minister Narendra Modi and Uttar Pradesh chief minister Yogi Adityanath, saying that the journalist working for several Malayalam media houses, and also an office-bearer of the KUWJ, was going to Hathras only to perform professional duties.

“We understand that he was taken into custody by Uttar Pradesh Police from Hathras toll plaza. Our efforts and the efforts by some advocates based in Delhi to contact him were not successful,” KUWJ said, adding that the Hathras police station and the UP Police have not provided any information so far on Kappan’s arrest.

“Mr Kappan was trying to do his duty as a reporter. We urge you to get him released at the earliest,” KUWJ wrote to the chief minister.

Cremation done with full rites, claims UP govt

In his remarks to Bharatiya Janata Party (BJP) workers on Monday, Adityanath alleged that anarchist elements are trying to trigger communal and caste violence in the state. The Uttar Pradesh Police has filed 19 FIRs across the state, including six at different police stations in Hathras, on charges ranging from attempts to trigger a caste conflict to sedition.

On Tuesday too, the Uttar Pradesh government told the Supreme Court that the district administration of Hathras had been receiving “several intelligence inputs since the morning of 29 September of the manner in which the dharna had taken place at Safdarjung hospital, and the whole issue was being exploited and a caste/communal colour was being given”.

As per an NDTV report, defending the cremation of the victim’s body in the dead of night, the state claimed that it had received specific inputs that lakhs of protestors of both communities/castes along with supporters of political parties and media would assemble the next morning at the village “which is likely to turn violent and will lead to major law and order problems”.

The affidavit stated that a Special Investigation Team (SIT) was set up for a fair probe and the state had already recommended a CBI probe.

The teen had succumbed to her injuries on 29 September at the Safdarjung Hospital in Delhi, 14 days after she was brutally gang-raped allegedly by four “upper caste” men. Her hurried cremation in the dead of night, allegedly without the parents’ consent, had further stoked outrage against the district administration and the state government.

In its affidavit, the state government also sought to justify the 2.30 am cremation, saying there was a high alert in the district because of the Babri mosque verdict a day later and coronavirus safety rules.

The cremation was performed with “full rites and customs” at night only to maintain law and order and the girl’s parents were present for it , the affidavit claimed.

The top court, while hearing a Public Interest Litigation (PIL)  called the rape “shocking and horrible” and directed the state government to file an affidavit on witness protection and on whether the victim’s family has chosen a lawyer.

Affidavit copied, alleges Congress

Meanwhile, Congress slammed the BJP government over its affidavit, accusing it of trying to cover-up the crime and demanded Adityanath’s resignation.

Addressing a joint press conference, Congress leaders Sushmita Dev, Rajani Patil and Supriya Shrinate also demanded that all officers, including the Hathras district magistrate be dismissed, alleging they are part of the cover-up conspiracy.

“Every step taken by the Uttar Pradesh government was to cover up the entire Hathras episode. Today, this has been exposed in the form of the affidavit filed by the Uttar Pradesh government. The purpose of this affidavit is not for a court-monitored CBI probe but to cover up the incident,” Dev told reporters.

The Uttar Pradesh government has again and again done injustice to the victim, she alleged.

Congress spokesperson Supriya Shrinate lamented the lack of an official notification of the CBI inquiry into the caseas announced by the government and said the SIT probe is going on.

“The manner in which victim-shaming is being done as part of a conspiracy and she is being trolled by the BJP and the government and the police, there should be a probe into this,” she asserted.

Citing the amendment to rape laws done by the UPA government, she said that the presence of semen or penetration is not necessary now and even an attempt is considered as rape.

Shrinate also alleged that the evidence attached as annexures in the affidavit has been “fabricated” by the Uttar Pradesh government and has been copied from the ‘Black Lives movement in US’.

She read out certain parts of the affidavit submitted by the Uttar Pradesh government before the court which mentions about black people and cities like San Diego and Phoenix, which are in the US. She said a mention of the New York police department is also made out in the affidavit.

“It is happening as the entire media and Opposition are asking questions and the government is talking of a cover-up and international conspiracy. Stop those FIRs based on these concoctions,” she said.

Dev alleged that it is “shameful” that the Uttar Pradesh government is claiming that no rape took place when the teenager, in her dying declaration, said she was gang-raped. She lashed out at the government for claiming that the girl’s last rites were done in front of the family with proper rituals.

“This is a case for contempt. There should be a case of contempt of court,” she said.

The Mahila Congress chief asked the Uttar Pradesh government to prove to the victim’s family that the body cremated in a hurry by the police at 2.30 am actually is of their daughter’s.

Rahul Gandhi attacks Modi over silence

Congress leader Rahul Gandhi, at a rally in Punjab, also took on Prime Minister Narendra Modi, saying he has not spoken “a word” on the Hathras incident.

As per news agency PTI, Gandhi said that “a child is raped and murdered, but the whole administration attacks the family and country’s prime minister does not utter a word”.

In response to a question on Adityanath’s claim of an international conspiracy, Gandhi said,“Yogi ji is entitled to his opinion. He is more than welcome to imagine whatever he wants to imagine. What I saw there was that a lovely girl was molested, her neck was broken, her family was threatened and the people who did it, no action was taken against them.”

Before his tractor rallies in Punjab, Gandhi visited the Hathras victim’s family on his second attempt after being dramatically stopped outside Delhi by the Uttar Pradesh Police.

“If Yogi ji sees it as an international conspiracy, well that is fine, that is his prerogative. What I saw was a tragedy,” Gandhi said.

“The chief minister of Uttar Pradesh should have the decency to say this is a tragedy and will look into it and will protect this family and this girl,” he told reporters.

BJP lashes out at Opposition

At a meeting of its newly appointed national office-bearers chaired by party president JP Nadda, the BJP hit back at the Opposition, saying it takes up cases selectively.

“It is sad when people pick a crime looking at who is in power and which community the murderers or rapists belong to, what is the vote bank there,” general secretary Dushyant Kumar Gautam told reporters in an apparent attack on Opposition parties.

The Uttarakhand BJP said the Congress’ agitation was an attempt to create caste divisions in the society. Questioning the party’s silence on similar incidents in Chhattisgarh and Rajasthan, state BJP vice president Devendra Bhasin said this selectiveness shows that all the hue and cry is being raised for political gains.

FIR filed against ex-BJP MLA, others

Meanwhile, an FIR was registered at the Hathras Gate Police Station under various sections of the Indian Penal Code (IPC) against former BJP MLA Rajveer Singh Pehelvan and 100 others for a meeting attended by scores of people , flouting prohibitory orders.

The meeting was held outside Pehelvan’s house on Sunday where the attendees defended the accused and demanded registration of an FIR against the victim’s family members. They had also welcomed the Uttar Pradesh government’s decision to order a CBI probe into the Hathras incident.

Superintendent of Police Vineet Jaiswal said Tuesday, “An FIR has been lodged against former BJP MLA Rajveer Singh Pehelvan for organising a crowd on Sunday. We are probing the matter. The FIR has been lodged against Singh and over 100 unidentified people.”

When the SP was asked if there was any ‘panchayat’ slated for Tuesday in Hathras, he said it had been proposed but the organisers canceled it.

NCW issues notices for revealing victim’s identity

In another development, the National Commission for Women (NCW) sought an explanation from BJP IT cell chief Amit Malviya , Congress leader Digvijaya Singh and actress Swara Bhasker for allegedly revealing the identity of Hathras victim on Twitter by posting her pictures.

@NCWIndia has served notices to @amitmalviya @digvijaya_28 & @ReallySwara seeking explanation on their #Twitter posts revealing the identity of the #Hathras vicitm along with a direction to remove these posts immediately & to refrain from shairng such posts in future @sharmarekha

— NCW (@NCWIndia) October 6, 2020

“… you are hereby required to provide a satisfactory explanation to the Commission on receipt of this notice and shall remove and refrain from transmission of such pictures/ videos on the social media as they are widely circulated by your followers, which is prohibited by the existing law,” the NCW said in separate notices to Bhasker, Malviya and Singh.

Protest continue; Union minister meets family

Agitations over the gangrape continued in different parts of the country, with 20,000 sanitation workers of the Ahmedabad Municipal Corporation (AMC) abstaining from work and the Kurla Court Lawyers’ Association staging a protest outside a Mumbai court.

The Goa Congress staged a “silent satyagraha” in Panaji, while Leader of the Opposition in Uttar Pradesh Assembly and senior Samajwadi Party leader Ram Govind Chaudhary wrote to the Governor Anandiben Patel and urged her to recommend President’s rule in the state, as per a Hindustan Times report.

As per a Hindustan Times report , Union minister of state for social justice Ramdas Athawale reached the village on Tuesday with workers of the Republican Party of India (A) and offered Rs 5 lakh as monetary help to the family. He assured that he would discuss the issue with Adityanath.

“I and RPI workers across the country will make all possible efforts to bring justice to the family of the victim,” tweeted Athawale, who is a Dalit leader.

A delegation of the Communist Party of India (Marxist) and the Communist Party of India (CPI) also met the family, the latest in a series of visits by Opposition leaders to the UP village about 150 km from the National Capital.

With inputs from PTI