The Haryana government today said it has ordered a CBI probe into a case relating to attack on Dalits allegedly by upper caste members at Mirchpur village of Haryana's Hissar district in April last year.
Special judge (SC/ST Act) Kamini Lau was informed by Haryana government counsel that the matter has been referred to the CBI for further investigations.
This was vehemently opposed by the counsel for victims who submitted that the recommendation has been made on account of "political compulsions under the pressure of Khap Panchayats and the dominant community".
The court, on its part, decided to continue hearing saying the apex court had transferred the trial in the case it to Delhi as a large number of relatives and friends of the accused gathered in Hissar on every date and the advocates were so frightened that they were unable to effectively conduct the case.
"This court will, under no circumstances, permit the effect of the apex court's order to be diluted," the Judge said.
The apex court had on December nine last directed that the case relating to the killing of a 70-year-old Dalit man and his physically-challenged daughter allegedly by a mob of over 100 people be transferred to the special court here designated under the SC/ST (Prevention of atrocities) Act, 1989 to ensure a free and fair trial.
The court directed Haryana government to ensure protection to the family members of the witnesses and the victims.
The direction came on an application filed by the victims seeking a direction to provide protection by the Central Reserve Police Force to witnesses and their families at Mirchpur alleging that they were receiving constant threats from the accused.
"The grant of protection to the witnesses/victim of crime is the obligation of the state. This court is not helpless in issuing suitable directions for ensuring protection to the witnesses, their families and the victims of crime so that they are free from any kind of fear or pressure and also to ensure a free and fair trial," the court said.
It directed Haryana government to inform the court about the steps being taken by it to ensure protection to the witnesses and the victims in the case.
The court, however, kept pending an application filed by the accused seeking their transfer back to any jail in Haryana from Tihar here as their counsel sought more time to study case laws on the point whether the accused can be kept in a prison beyond territorial jurisdiction of the trial court.
97 accused were transferred to Tihar from a Hissar jail this month on a direction of the court.
The court posted the matter for further proceedings relating to framing of charges against some accused for February 1.
It noted that charges had already been framed against 37 accused persons in the case.
Out of 103 accused, five are juveniles and one is out on bail.
On April 21 last year, a dalit man and his daughter were burnt alive in violence against the community allegedly by members of an upper caste, forcing about 150 families to flee Mirchpur village in Hissar.
