Nainital rape: Uttarakhand High Court orders SSP to monitor probe as State seeks accolades

The Uttarakhand High Court on Tuesday asked the Senior Superintendent of Police (SSP) of Nainital district to supervise the probe into the alleged rape of a minor - a case which led to communal violence in the city [Husan Begum v State of Uttarakhand]..A complaint alleging that a 12-year-old girl was allegedly raped by the accused last month was filed with the police last week. As per the media reports, the case then led to the communal violence and vandalism since the accused was a Muslim and the victim a Hindu.The Bench of Chief Justice G Narendar and Justice Alok Mahra asked the SSP to monitor the probe on a weekly basis and submit action taken report before the Court "A crime, more so against a minor, we are not going to condone... Justice has to be done, more so when it is a helpless child. There is no two opinions about it," Justice Narendar remarked. The matter will be taken next for hearing on August 5..The Court was hearing a petition moved by the wife of accused against a notice issued by the local municipal body for demolition of the house. Last week, the Court had reminded the authorities that such action would be violation of the Supreme Court directions. It had also taken a critical view of the administrative failure to maintain law and order in Nainital. Considering the Court's critical observations, the municipal body withdrew the notice. Consequently, the petitioner today sought to withdraw the plea. .The Court reiterated that the authorities need to follow Supreme Court directions."There is an order of the Supreme Court. It can't be that every time the Court has to remind the administration that there is a judgment, that there are guidelines, that there is a law holding the field," it remarked.Advocate General (AG) SN Babulkar said the matter involving the rape of a minor was sensitive and had led to a law and order situation in Nainital. He said the issuance of notice was presented wrongly before the Court.Today, a counsel appearing for the Court said the police was not taking action against miscreants indulging in violence and that social media posts were being put against lawyers and judges. Justice Narendar asked the counsel to apprise the AG about it. In response, AG said,"Social media ... nobody has control. Who can control the social media".However, the Court said rules have been framed by the Central government for social media. When the counsel representing the authorities said that religious colour was being given to the issuance of notice to the accused, the Court said,"The accused was in custody. The accused family was thrown out of the house... the house was locked ... they abandoned the house. Who did you issue the notice.".Meanwhile, another counsel submitted that he has moved an intervention application in the case to highlight the lapses in the police probe into the rape case. However, the Court asked how such application can be moved in the present plea moved for protection of house."You want to sensationalize the hearing? Does your submission have any bearing on the prayer here," it asked.However, the Court also said that the applicant can move a separate file. "If there is any lapse in investigation, come with petition. We will see it is not derailed," it added..In response to the allegations, SSP Nainital said he was personally monitoring the investigation. He also said that SC/ST Act has been invoked in the case and the probe has been handed over to an officer rank of Deputy Superintendent of Police (DSP).The Court then ordered SSP to review the probe on a weekly basis and submit a report every quarter. Meanwhile, when the State AG sought some words of appreciation for the police for handling the law and order situation, the Court said,"We have expressed our sympathy with the police. We were upset with the administration. How many policemen are you going to appoint, that is why we said the administration should not aggravate the situation. We were upset with the administration, not with the police.".Advocate Kartikeya Hari Gupta represented the petitioner.