The Supreme Court on Thursday lifted the stay on CBI investigation in the sensational Bulandsahar gangrape case after modifying its earlier order and asked the agency to proceed as per law. A bench of Justices Dipak Misra and C Nagappan also stayed the proceedings before the Allahabad High Court saying this was because the apex court was now dealing with the entire controversy.
It allowed the plea of CBI to be impleaded in the matter as a party to the petition filed by the husband and father of the rape survivors — a mother-daughter duo. The bench said the court would later deal with other aspects like transfer of trial of the case outside Uttar Pradesh and the opinion of jurist and senior lawyer F S Nariman on whether statements by a public authority, not connected with the case, was justified or not.
“That the petitioner has no objection to the probe being conducted by CBI but he has other grievances like transfer of the case outside the state and whether statement by public authority not connected with the case is justified or not. The prayer for modification of the order is allowed and CBI is directed to continue with the investigation,” the bench said, adding that remaining issues raised by the petitioner would be dealt with on the next date of hearing.
Earlier this week, CBI had moved the apex court seeking modification of an order staying its ongoing probe in the sensational Bulandsahar gangrape case, saying it may cause “disappearance of material evidences” besides enabling six accused to seek statutory bail.
The apex court had on August 29 taken note of the controversial remarks of UP Minister Azam Khan that the gangrape case was a “political conspiracy”, while staying the CBI probe in the case. It had also asked whether the State should stop people holding high offices from making such comments on heinous crimes. The FIR initially was lodged by the Uttar Pradesh police under various provisions on July 30. CBI had re-registered the offence on August 18 in pursuance of the Allahabad High Court’s interim order.
The brutal incident had happened on the night of July 29 when a group of highway robbers stopped the car of a Noida- based family and sexually assaulted the woman and her daughter after dragging them out of the vehicle at gun-point.
The court had also noted the apprehensions of the victim family, represented by lawyer Kislay Pandey, that there was no possibility of a “fair investigation” in Uttar Pradesh in view of the fact that a Minister has allegedly made a public statement that it was a “political conspiracy”.
(Feature image source: PTI)