Supreme Court lifts stay on CBI probe in Bulandshahr gang-rape case


New Delhi: The Supreme Court on Thursday put the CBI back in charge of the Bulandshahr gang-rape case days after staying the agency’s probe into the brutal assault and rape of a woman and her teenaged daughter in Uttar Pradesh. 

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The court accepted the CBI's argument that if the probe was not carried out within 90 days, the six persons accused of gangrape, would take advantage of this by seeking bail and trying to destroy evidence. A bench headed by Justice Dipak Misra allowed the probe agency to go ahead as per law, after the victims told the court that they had no objections. It 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-daughter duo. "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.

"The prayer for modification of the order is allowed and CBI is directed to continue with the investigation," the bench said in its order. The court also said that it would later deal with other aspects like transfer of trial of the case outside Uttar Pradesh. It added that it would also consider the opinion of jurist and senior lawyer F.S. Nariman on whether statements by a public authority, not connected with the case, was justified or not.

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 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. The incident had happened on the intervening night of July 29-30 when a group of highway robbers stopped the car of a Noida-based family and sexually assaulted the woman and her daughter after dragging them out of the vehicle at gun-point.

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