In a major embarrassment to the Samajwadi Party Government, the Supreme Court on Thursday said that the trial in the Bulandshahr gangrape case could be shifted outside Uttar Pradesh as the case investigation has already been handed to the Central Bureau of Investigation (CBI).
leaving this question open for consideration on September 27, the Court modified its earlier order staying the investigation after the CBI approached the Court for lifting the stay. The bench of Justices Dipak Misra and C Nagappan allowed CBI to continue with the investigation and made it a party to the petition filed by the man, whose minor daughter and wife were gangraped by highway robbers in Bulandshahr on July 30.
Representing CBI, Additional Solicitor General Maninder Singh sought permission to join the proceedings and informed the Court that on August 18, CBI began investigating the case on orders issued by the Allahabad High Court. He submitted that following SC's intervention there was no reason for Allahabad HC to continue with further monitoring of the probe.
The Bench said, "We are contemplating two aspects. Investigation has already been transferred to CBI by the Allahabad HC. Whether trial should be transferred to another court beyond UP shall be considered by us on the next date." The apex court lifted the stay on investigation and directed Allahabad HC not to proceed further with the case.
The demand for transfer of trial outside UP was made following a comment by UP Minister Azam Khan terming the entire incident to be a "political conspiracy" and nothing else. The Court appointed senior counsel Fali S Nariman as amicus curiae to know whether a public functionary who makes a statement that affects the future course of investigation and trial can be punished under law. Further, the Court asked Nariman whether such a statement is a fit ground for victims of the crime to seek for a transfer of the case outside State.