Won't immerse ashes; Hathras victim's family narrates ordeal to HC

HC took suo motu cognizance of the case after the last rites of the victim, in the dead of the intervening night of September 29 and 30, sparked anger across India.

The woman, who was allegedly gang-raped by four men of the upper caste, was given an unholy cremation after cops forced the family.

They didn't let the family take her mortal remains home.

Yesterday, amid tight security, five members of her family — her parents, two brothers, and one sister-in-law — reached Lucknow and recorded their statements.

Senior advocate Jaideep Narain Mathur, who was the amicus curiae in the case, said the family informed the court the cremation was done against their wishes.

Counsel Seema Kushwaha said they want the case transferred outside Uttar Pradesh, reports IE.

As the division bench of Justices Pankaj Mithal and Rajan Roy heard the family's ordeal, Hathras District Magistrate, Uttar Pradesh Additional Chief Secretary (Home) Awanish Kumar Awasthi, Director General of Police HC Awasthy, Additional Director General (Law and Order) Prashant Kumar and Hathras's new SP Vineet Jaiswal were also present.

Advocate Mathur informed that DM Praveen Kumar Laxkar spoke of law and order problems.

The court pulled up the administration over the last rites. "The court asked the District Magistrate - 'What if it was a girl from a rich family? Would you have cremated her the same way?" Kushwaha told NDTV.

In pictures from that night, officials were seen coercing the wailing family and taking the body to the cremation area, even when villagers protested.

HC apparently quoted a 1995 Supreme Court verdict, which underlined that "Right to Life" as specified under Article 21, encompasses "Right to Dignity," as well, meaning that the dead should be respected.

Reportedly, the court will be judging the case on three issues — whether constitutional rights were violated; whether police followed rituals for cremation; and if the administration acted in a "high-handed" manner.

HC also slammed top cop Praveen Kumar for reportedly casting doubts on whether the woman was raped or not.

"How do you know she wasn't raped? Has the investigation concluded? Please go through the new rape law of 2013," the court advised him.

The four accused, who have been arrested, have claimed innocence and blamed the victim's family for murdering her.

DM Laxkar reiterated that the administration's actions were driven by credible intel inputs.

"There are also intelligence inputs of funding to the Bhim Army through PFI to disturb the harmony of the state. There are also inputs about some Naxal organizations who were also plotting communal riots in the state," he submitted.

"Justice for Hathras" website also wanted to disrupt peace, he claimed.

Speaking after the hearing, the victim's brother said the HC asked about cremation. "The hearing lasted about an hour and most of the conversation was in English, but the court was definitely not happy with the DM," he said.

Her father said, "We seek justice now, we will not be immersing the ashes until we get justice."

The next hearing is on November 2.