Bhadra Sinha, New Delhi: The Supreme Court on Thursday asked the Central Bureau of Investigation to resume its probe into the gangrape of a
woman and her teenage daughter in Uttar Pradesh’s Bulandshahr in July after the agency pointed out that the delay might lead to the accused getting bail.
A bench headed by justice Dipak Misra revised its earlier stay order and said since it was dealing with the case, the proceedings before the Allahabad high court stood stayed.
The CBI moved the top court on Tuesday requesting it to lift the stay on the ongoing probe into the Bulandshahr gangrape case, contending the order was likely to delay the filing of the chargesheet. If a final probe report was not filed within 90 days of the arrest of the six accused, they will be entitled to bail, the agency added.The FIR, initially lodged by UP police under various provisions of the Indian Penal Code, was transferred to the CBI following an Allahabad high court order.
The SC had stayed the CBI probe after the woman’s husband filed a petition asking for a transfer of the case outside Uttar Pradesh. The top court also issued a notice to the state government regarding the transfer as well as to Samajwadi Party leader Azam Khan for his statement that the gangrape was a “political conspiracy”.
It had fixed September 29 to hear the case again.
But CBI told the court that it will hardly have any time to file the chargesheet after September 29 and the delay might also lead to the disappearance of crucial evidence.
“That on behalf of the CBI, it is most humbly and respectfully submitted that continuation of stay of the investigation by the CBI may result in the disappearance of material evidence and may cause prejudice to the conduct of this case,” the agency had said in its plea.
The woman and her minor daughter, who were on their way to Shahjahanpur from Noida with their family, were gangraped on July 29 by a group of robbers after they waylaid their car on the Delhi-Kanpur highway. The accused dragged the women out of the vehicle at gunpoint and brutally assaulted them in front of their family.
The Supreme Court has appointed senior advocate Fali Nariman to assist it on whether politicians, especially those in power, can issue statements that could impact a fair and impartial probe into criminal cases.