A letter petition was filed by activist Saket Gokhle in Allahabad High Court urging a stay on the U.P. government's decision to conduct a narco-analysis test of the victim’s family in the Hathras Gang-rape case.
UP Government’s decision is not merely unlawful but it is an attempt to intimidate the family from testifying before the court on 12th October 2020, in the suo moto case registered by the Hon’ble Court as in Re: Right to decent and dignified last rites or cremation, argued Gokhle.
"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 offense. Using an interrogation technique on the victim's family is a blatant form of coercion," Gokhale wrote.
The Hon’ble Court had summoned all the concerned authorities, alongside the victim’s family to present their aspect about, the fateful incident. It was stated by the Hon’ble Court that it is an “extremely sensitive” matter, touching upon the basic human and fundamental rights of a citizen. The Court had affirmed
We are inclined to examine as to whether there has been a gross violation of the fundamental rights of the deceased victim and the family members of the victim; whether the State Authorities have acted oppressively high handedly and illegally to violate such rights as if it is found to be so, then, this would be 9 a case where accountability will not only have to be fixed but for future guidance also stern action would be required.
Mr. Gokhle termed the decision of the Narco-analysis test gimmick to compel the family not to testify at the Hon’ble High Court.
This news has been reported by Urvi Yadav