SATYAMA DUBEY & ORS. versus UNION OF INDIA & ORS.

Citation: [2020] 9 S.C.R. 517 · Decided: 27-10-2020 · Supreme Court of India · Bench: S.A. BOBDE, A.S. BOPANNA, V. RAMASUBRAMANIAN · Disposal: Disposed off

Judgment (excerpt)

A
B
C
D
E
F
G
H
517
SATYAMA DUBEY & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (Criminal) No. 296 of 2020)
OCTOBER 27, 2020
[S. A. BOBDE, CJI, A. S. BOPANNA AND
V. RAMASUBRAMANIAN, JJ.]
Constitution of India:
Art. 32 – Writ Petition – Seeking fair investigation in a case
of brutal gangrape and murder in the State of Uttar Pradesh –
Petitioners alleged that cremation of the victim was illegal – The
State in its affidavit stated that the investigation was entrusted to
CBI by the State – Held: Supreme Court is not required to monitor
the proceedings/ investigation because the High Court having
competent jurisdiction has adequately delved into the aspects of
fair investigation – Therefore, all aspects are left open to be
considered by the High Court – Though sufficient steps have been
taken to protect the family of the victim by State Police, however, in
the facts of the case, CRPF is directed to take over the protection of
victim’s family and witnesses – The aspect of appointment of Special
Public Prosecutor would be considered by the High Court – The
issue as to whether the trial of the case is to be transferred to Delhi
from Uttar Pradesh, is kept open to be considered if need arises in
future.
Penal Code, 1860:
s. 228A – Disclosure of names and relationship of family
members of rape victim – In the judicial order – Held: is against
law.
Disposing of the Writ Petitions and the intervention
applications, the Court
HELD: 1.1 The undisputed fact is that the investigation
has in fact been entrusted by the State Government itself to the
CBI on 10.10.2020 and the CBI has started investigation in
respect of the crime on 11.10.2020. Therefore, the apprehensions
[2020] 9 S.C.R. 517
517
A
B
C
D
E
F
G
H
518
SUPREME COURT REPORTS
[2020] 9 S.C.R.
expressed by the petitioners/applicants that there would be no
proper investigation if the Uttar Pradesh Police conducted the
same would not remain open for consideration at this stage and
the grievance to that extent stands redressed. [Para 10][527-C-
E]
1.2 From the order passed by the High Court of Allahabad
in the PIL, it is noticed that the High Court has adequately delved
into the aspects relating to the case to secure fair investigation
and has also secured the presence of the father, mother, brother
and sister-in-law of the victim and appropriate orders are being
passed, including securing reports from various quarters. In that
circumstance, it is not necessary to divest the High Court of the
proceedings and take upon this Court to monitor the proceedings/
investigation. That apart, the incident having occurred within the
jurisdiction of that High Court and all particulars being available,
it would be appropriate for the High Court to proceed to monitor
the investigation in the manner in which it would desire. In that
view, it would be open for the writ petitioners/applicants to seek
to intervene in the matter before the High Court subject to
consideration of such request by the High Court and if it finds
the need to take into consideration the contentions to be urged
by the petitioners/applicants in that regard. [Para 10][527-E-H]
1.3 Therefore, without expressing any opinion on the merits
of the rival contentions, all aspects of the matter are left open to
be considered by the High Court in PIL(C) No.16150/2020
relating to the incident regarding which the investigation is to be
conducted by the CBI and also with regard to the grievance put
forth alleging illegal cremation. The CBI shall report to the High
Court in the manner as would be directed by the High Court
through its orders from time to time. [Paras 13 and 14][528-E-H]
2.1 Insofar as the protection to the victim’s family and the
witnesses, the affidavit, as filed, no doubt indicates that sufficient
steps have been taken by the State Government to provide
protection. However, in a matter of the present nature, without
casting any aspersions on the security personnel of the State
Police; in order to allay all apprehensions and only as a confidence
A
B
C
D
E
F
G
H
519
building measure, it would be appropriate to direct that the
security to the victim’s family and the witnesses shall be provided
by the CRPF. [Paras 11 and 12][528-A-D]
2.2. Respondent No.2 (Chief Secretary, State of U.P) in
WP(Crl) No.296/2020 shall bring this order to the notice of the
competent officer of the CRPF forthwith with a request to provide
adequate security to the victim’s family and the witnesses and
the CRPF shall take steps to provide the sam

Excerpt shown. Read the full judgment & AI analysis in Lexace.