The Allahabad High Court has directed the Hathras District Magistrate to expedite action on any formal relocation request made by the family of the Hathras incident victim, emphasizing a balanced resolution while Supreme Court proceedings are ongoing.

The family has sought relocation to Delhi via a Special Leave Petition (SLP) filed in the Supreme Court.

However, Senior Advocate Mahmood Pracha, representing the family, urged relocation to Ghaziabad or Noida in Uttar Pradesh, citing safety concerns and aligning with earlier requests.

The case originates from a suo-motu proceeding titled In re: Right to decent & dignified last rites/cremation, addressing the aftermath of the 2020 Hathras incident, which sparked nationwide outrage. In October 2020, the Allahabad High Court took suo motu cognizance of allegations that the victim’s body was forcibly cremated at 2 a.m. by Uttar Pradesh police instead of being handed over to her family.

A division bench of Justices Rajan Roy and Jaspreet Singh noted that no formal application for relocation had yet been submitted by the family to the Hathras District Magistrate. The court advised the family to file the necessary application and directed the District Magistrate to promptly review and decide on the matter. If the matter falls outside the District Magistrate’s jurisdiction, the application should be forwarded to the state government for immediate action.

Advocate Pranjal Krishna, representing the state, informed the court that similar issues raised in the Hathras matter are under consideration in the Supreme Court. The High Court clarified that its order would not prejudice the ongoing Supreme Court proceedings and aims solely to provide immediate relief at the state level.

The court’s directive comes amidst significant delays since February 2024, when the family’s relocation was first proposed. The bench stressed the urgency of the matter and instructed state authorities to report their progress by January 8, 2025. The next hearing will assess compliance.

In a related development, the High Court’s July 26, 2022 order directed the state government to consider providing employment to one of the victim’s family members. Meanwhile, the trial in the rape and murder case concluded with a judgment dated March 2, 2023. One of the accused, Sandeep, was convicted under Section 304 Part I of the IPC and Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The other three accused were acquitted.