India Tomorrow
LUCKNOW—The family of the 109-year-old Dalit woman, who was alleged gangraped and murdered, has moved the Allahabad High Court seeking “release” from “illegal confinement” by UP police.
The petition filed by Advocates Mehmood Pracha, SKA Rizvi and Joun Abbas has submitted that the family “were not given custody of the corpse of the deceased victim and they remained forcefully confined in their homestead land and continue to remain as such.”
The petition has also sought for a direction to the State to ensure the safety and security of the family members till they are produced before the High Court.
The petition was moved by National General Secretary of the Akhil Bharatiya Valmiki Mahapanchayat Surender Kumar on behalf of the family members. Kumar moved the petition after seeking authorization from the family.
According to the petition, the family informed the organization that they were being held captive in their own home, and were not allowed to relocate to the area where they wish to remove themselves to ensure the safety of their life and limb, and the integrity of the investigation into the brutalization of the victim who was a member of their family.
The plea, according to Barandbench, states that there has been a suspension of Constitutional order in the Hathras District where the brutal gang-rape and murder of the victim took place. It is stated that her death has been followed by illegal and ghastly treatment of her and her family.
It is further submitted that since the date of the victim’s death, the State authorities have gheraoed the homestead land of the family and had initially also snatched away their phones as well.
“Ever since the information and horror of this distressing event has spread across India, the administration has been making all attempts to threaten, pressurize, and intimidate them (victim’s family) into making false statements which may enable the widespread discontent to die down, and the perpetrators of the crime to go scot free”, says the petition.
“As part of this scheme, the administration had installed blockades in and around Hathras District, and persons who seek to travel to the area are being prohibited to do so without any lawful reason, and being prevented from doing so by use of illegal force and measures,” the plea says.
The petitioner has further submitted that the family members have been prevented from meeting or communicating freely, thereby violating their Fundamental right to freedom of speech and expression as well as the right to receive information.
“Petitioners are in a state of extreme fear and there is much duress as well. Hence, it would be impossible for them to secure justice at Hathras,” the plea said.
The family has appealed to the High Court for directions to release them from illegal confinement, contending that the State’s actions violate their Fundamental Rights under the Constitution and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In the petition, the family members of the victim have also expressed their wish to travel to Delhi with a view to availing their remedies in law in respect of the ghastly crime.
