In a major development to the Bulandshahr gangrape case, apex court on Thursday lifted the stay imposed on the CBI investigation by the court, thus modifying its earlier order. Accepting, CBI’s argument that the accused may try and destroy evidence if the probe does not take place within 90 days, a bench headed by Justice Dipak Misra allowed the probe agency to go ahead as per law,.
The court took the victims assent and also stayed the proceedings before the Allahabad High Court saying this was because the apex court was now dealing with the entire controversy.
The court is already hearing a petition filed by the husband and father of the rape survivors, a mother and her daughter.
“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,” said the bench and added, “The prayer for modification of the order is allowed and CBI is directed to continue with the investigation,” in its order.
Adding that it would consider the opinion of jurist and senior lawyer FS Nariman on whether the statements made by Azam Khan and public authority was justified or not, the court said that it would later deal with other aspects like transfer of trial of the case outside Uttar Pradesh.
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 incident took place on the night of July 29 when a group of highway robbers led by Salim Bawariya of the notorious ‘Bawariaya’ gang, stopped the car of a Noida based family and raped the woman and her daughter. 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.
