Hathras gang-rape: Activist moves Allahabad HC seeking stay on narco analysis of victim’s kin

Activist Saket Gokhale has moved the Allahabad High Court in a letter petition against the proposed narco analysis test to be conducted on the family of the victim of the horrific Hathras incident, legal news website BarandBench.com has reported.

This letter petition comes shortly after the Lucknow Bench of the Allahabad High Court took suo motu cognizance of the shocking incident, particularly the action of the UP Police to cremate the victim's remains in the dead of the night allegedly without the consent or presence of the victim's family.

The date of hearing in the case is fixed for October 12 when the family of the victim is expected to be present before the Court to depose.

While the High Court's order was passed on October 1, the Executive's plan to conduct the narco analysis test was declared on October 2 in a press release.

However, it is Gokhale's case that the proposed narco analysis test is a means to coerce the family and intimidate them against deposing before the court. Therefore, he prays for an immediate stay on the narco analysis test planned by the UP authorities at least till the family's statements are made before the court as scheduled for October 12.

The coercion, Gokhale says, is in violation of the orders of the court.

"Subjecting the family of the victim to a narco-analysis test goes against all principles of natural justice as they’re neither accused in the case nor have been charged with any offence. Using an interrogation technique on the victim’s family is a blatant form of coercion," the letter petition says.

Gokhale also avers in his petition that the District Magistrate and the Superintendent of Police of Hathras be transferred or sent on leave in the meantime till the completion of the suo motu matter before the court.