Hathras Case: CJP Files an Intervention Application in the Supreme Court

Seeking to intervene in the Hathras case, Teesta Setalvad lead Citizens for Justice and Peace (CJP) has filed an intervention application (IA) before the Supreme Court. Through its application, filed by Advocate Aparna Bhat, the CJP has urged the Court to transfer the case to the Central Bureau of Investigation (CBI) and to ensure that proper witness protection is accorded in the case.

The intervention by the led CJP has been filed through Supreme Court It states that there are senior police officials and elected representatives who were "underplaying the heinous offence and prejudging the issue."

The application stated the following:

1. Reports: It referred to reports where it was stated that an officer involved in the probe said that there was "no sexual assault."
2. CRPF for the Witnesses: The application called for the Court to assign central reserve paramilitary forces (CRPF) for the security of the witnesses in the case, adding that none of the officers assigned should be from the cadre of Uttar Pradesh. 
3. Need for Witness Protection: The plea states that witness protection is needed keeping in consideration "the economic background of the family of the deceased", and to avoid their "further alienation and intimidation".
4. Rights of Deceased: It also highlighted the rights of the deceased with a focus on the rights of the Valmiki and marginalized communities. The plea cites numerous judgments from the top Court including the 2002 verdict in the Ashray Adhikar Abhiyan case, where the Court held that even a homeless deceased person has a right to a decent burial as per religious beliefs.
5. UP Government's Statement: It pointed towards the October 2 statement from the Uttar Pradesh government where it was stated that a polygraph and a narco analysis test for the victim's family would be conducted.
6. Fake Videos: It was stated in the application that mother of the victim had clearly stated that sexual assault had indeed taken place and that the victim in her video statements too gave a description of the upper caste men who sexually assaulted and raped her. However, even then certain videos were being circulated with "mala fide" intent stating that the girl never said she was raped.
7. Examination of the Forced Cremation: A retired Supreme Court judge should be appointed to examine the circumstances which led to the cremation of the girl at night without her family.