Lawstreet Journal

Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention of Hathras Victim's Family; Grants Liberty to Move SC [Read Petition]

Lawstreet Journal 11 Oct 2020 1:23am

Image courtesy: Lawstreet Journal Judiciary Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention of Hathras Victim's Family; Grants Liberty to Move SC  [Read Petition]

The General Secretary of the Akhil Bharatiya Valmiki Mahapanchayat, Surender Kumar, files a writ petition of habeas corpus representing the Hathras victim’s family before the Allahabad High Court.

It was said that the family of the victim was illegally and forcefully confined in their home since the day of the incident that is September 14, 2020 and were not given their right to move freely. Their Fundamental right to Freedom of Speech and Expression guaranteed by the Constitution under Article 19(1)(a) were violated by not allowing them to communicate and meeting anyone. Even the body of the victim was not given to their family. 

The State in this context said that the allegations are not true and that the family including the victim's father, mother, grandmother, sister-in-law, and two brothers was given full security and protection and it was properly ensured that no unknowns could enter the premise.

The Allahabad High Court comprising the Bench of Justices Pritinker Diwaker and Prakash Padia heard both sides and argued that the petition cannot be entertained by them as the case is already taken by the Supreme Court as a Public Interest Litigation. It also cleared that still if the family has any dispute, they can file a petition before the Supreme Court itself.

Thus, the petition was dismissed by the Allahabad High Court.

 

 [Read Petition]

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Tagged: Hathras Gang Rape   Nirbhaya  
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