“Don’t Flood This Court With These Type Of Petitions” : Supreme Court Asks Father Seeking Fair Probe Into Gang-Rape & Murder Of His Daughter To Approach HC
The Supreme Court on Monday refused to entertain a writ petition filed by a father seeking court-monitored probe into the kidnap, gang-rape and murder of his minor daughter.
A Bench headed by the Chief Justice of India NV Ramana granted liberty to the petitioner father to approach the High Court.
The Bench, also comprising Justice Krishna Murari and Justice Hima Kohli, made strong remarks against petitioner’s approach of moving the Supreme Court directly instead of moving the High Court first.
The petition was with respect to the gang-rape and murder of a 16-year old girl in Bulandshahr district in the State of Uttar Pradesh on January 21, 2022.
During the hearing, the Counsel appearing for the petitioner submitted that the petitioner’s minor daughter was kidnapped, gang-raped and killed, and that the parents were not even given a chance of performing her last rites as the police forcibly cremated the dead body at midnight.
The Bench told the Petitioner that the same submissions could be made before the High Court as well.
Responding to Court’s suggestion that the petitioner should approach the High Court, the Counsel said “I am a labourer, I can’t go to High Court, to Supreme Court, I am a victim of the system, there’s complete lawlessness in UP”
“Don’t flood this court with these type of petitions, sorry. You can go to High Court and say the same. Why are you coming directly to Supreme Court straightaway?”,theCJI Ramana asked the counsel.
The Bench then observed that it can either grant liberty to petitioner to approach the High Court or dismiss the case.
“We can grant liberty to approach the High Court. Every writ petition I can’t entertain”,the CJI said.
The Counsel then sought liberty to withdraw the petition and approach the High Court.
“Don’t repeat it again. Permission to withdraw and approach High Court”, CJI said.
As per the present writ petition filed through Advocate Varinder Kumar Sharma, no FIR was registered by the police despite the complaints of the girl’s father. It is further contended that the police did not allow him to discharge last ritual rights of his daughter and that the Police forcefully cremated the body of the victim at midnight and did not inform the family of the post-mortem.
The petition has sought directions for CBI investigation or formation of SIT to investigate the matter under a sitting or retired Justice of SC or HC and
The petition further sought directions for adequate protection to the petitioner and other witnesses.
The petitioner also sought directions for court monitored investigation against the officials who were responsible for cremation and illegal detention of the family members to be monitored by.