New Delhi | Jagran News Desk: The Allahabad High Court said on Tuesday expressed dismay over the district authorities' decision to cremate the body of the victim, who was allegedly gangraped and tortured in Uttar Pradesh's Hathras district and later succumbed to her injuries in Delhi last month, in the middle of the night allegedly without the consent of the family. 

The Lucknow Bench of the High Court said that the manner in which cremation was carried out was an "infringement of human rights" on her and her family. 

"Facts, as of now, ex facie, reveal that decision to cremate the victim in the night without handing over the body to the family or their consent was taken jointly by admn at the local level and was implemented on the orders of DM, Hathras," the bench said. 

"Action of state authorities, in name of law and order situation, is prima facie an infringement upon human rights of victim and her family. She was entitled to decent cremation in accordance with her religious customs which essentially are to be performed by her family," it added. 

The court also asked the then Hathras SP and district magistrate Praveen Kumar Laxkar to appear before the bench on the next date.

"We would like to hear the then Hathras SP, Vikrant Vir on the next date. It is open for the then Hathras SP, Vikrant Vir and District Magistrate Praveen Kumar Laxkar to file their respective affidavits containing their versions in the matter," it said.  

The Lucknow bench also directed the state government to provide adequate security to the victim's family and to make sure that the details of the investigation in the case, carried out by the SIT and the CBI, are not leaked in public. 

Earlier in the day, a team of CBI quizzed the family members of the victim and examined the crime scene. The team also took the brother of the victim to record his statement. When the brother was being taken away by the team, speculation about his arrest started doing the rounds, but CBI Spokesperson RK Gaur said that "no arrest has been made".

The woman had succumbed to her injuries at a Delhi hospital on September 29, following which the District Magistrate ordered cremation in the village in the dead of the night allegedly against the wishes of her family.

The case was referred to the CBI by the state government after a political storm over the alleged apathy of the administration.

The Congress, Aam Aadmi Party, Trinamool Congress and other opposition parties of the state, including the Samajwadi Party and the Rashtriya Lok Dal, staged protests demanding justice for the victim.

The officer concerned of the Uttar Pradesh police had registered a case of attempt to murder on a statement by the brother of the victim who, as per the FIR at Chandpa police station, had said that the accused tried to strangulate his sister in a millet field and escaped when she raised an alarm.

The notification issued by the Centre on the request of the state government had asked the CBI to probe, rape, murder and atrocity and "any attempt, abetment and/or conspiracy, in relation to or in connection with such offence(s) and/or for any other offence committed In the course of the same transaction or arising out of the same facts".

Posted By: Abhinav Gupta