SC stays order to transfer Unnao rape survivor’s accident case to Delhi

The court rejected pleas which had sought re-examination of the December 14, 2018 verdict . Photo: PTI.

The Supreme Court on Friday (August 2) kept in abeyance its earlier order by which it had transferred, from Rae Bareilly in Uttar Pradesh to Delhi, the accident case in which the Unnao rape victim was severely injured.

A bench, comprising Chief Justice Ranjan Gogoi and Justice Deepak Gupta, took note of the submission of Solicitor General Tushar Mehta, appearing for the CBI, that the accident took place last Sunday and the investigation was in progress.

Mehta said since the probe in the accident was still pending, the case cannot be transferred under the provisions of law and sought indulgence of the bench that its transfer be kept in abeyance till the conclusion of the probe.

The apex court on Thursday had granted seven days to the CBI to conclude the investigation and had ordered transfer of the five cases related to Unnao incident from Uttar Pradesh to Delhi.

Let family decide on shifting Unnao rape survivor to AIIMS Delhi: SC

The court also said that the Unnao rape survivor’s family is at liberty to take a call on shifting her to AIIMS, New Delhi from the Lucknow hospital where she is undergoing treatment following a road accident in Uttar Pradesh’s Raebareli district.

The apex court took note of a statement made by senior advocate V Giri that said that the rape survivor is unconscious and on a ventilator, and her family has expressed that she be treated at the Lucknow hospital for the time being. Giri is assisting the court as amicus curiae in the matter.

A bench headed by Chief Justice Ranjan Gogoi accepted the suggestion and said that the rape survivor’s family is at liberty to take a call on shifting her to AIIMS in Delhi from Lucknow. The bench also comprising justices Deepak Gupta and Aniruddha Bose, was informed that the lawyer, who was injured along with the rape survivor in the accident, was taken off the ventilator but his condition is still critical.

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His father was indecisive on him being shifted to Delhi, the Supreme Court was informed. The bench gave liberty to the family of the victim and the lawyer, saying they can approach the Supreme Court’s secretary-general if at any point they would like to shift them to AIIMS in Delhi.

It also directed shifting of the rape victim’s uncle from Raebareli jail to Tihar and deferred the matter for further order on Monday (August 5). The apex court also directed all media houses not to disclose the identity of the victim directly, indirectly, or in any manner.

During the brief hearing, the Uttar Pradesh government informed the bench that the interim compensation of ₹25 lakh has already been released to the victim’s family. The Supreme Court has deferred hearing in the rape case for Monday.