Breaking: Allahabad HC Takes Suo Moto Cognizance Of Hathras Case; Says 'Incidents Have Shocked Our Conscience' [Read Order]

The Lucknow Bench of the Allahabad High Court has taken suo moto cognizance of the Hathras gang rape case, stating that is an "extremely sensitive" matter, touching upon the basic human/ fundamental rights of the citizens. Further the Court noted, as per media reports, "the cremation took place at about 2:00 - 2:30 AM and from the aforesaid reports and news items what comes out is that the family of the deceased victim followed Hindu traditions, according to which, last rites are not performed after sunset and before 3 day break." "The rights of individual citizens in the Country and the State especially that of the poor and the downtrodden such as the family members of the deceased victim and the deceased herself are paramount and the Courts of Law are under a bounden duty to see that the said rights available under the Constitution are protected at all costs and the State does not in its misplaced endeavour for political or administrative reasons transgress the limits of its powers to encroach and violate such rights, especially in the case of poor and the weak," the Court said. It added, "We are inclined to examine as to whether there has been gross violation of the fundamental rights of the deceased victim and the family members of the victim; whether the State Authorities have acted oppressively high handedly and illegally to violate such rights as if it is found to be so, then, this would be 9 a case where accountability will not only have to be fixed but for future guidance also stern action would be required," the Court said. The Court said that this matter is of "immense public importance" and as it involves allegation of high handedness by the State Authorities resulting in violation of the basic human and fundamental rights not only of the deceased victim but also of her family members.