Reversing its earlier order, the Supreme Court on Thursday lifted its stay on the Central Bureau of Investigation (CBI) probe into the infamous Bulandshahr gang rape case.
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If a final probe report is not filed within 90 days of the arrest of the six accused, all of the accused will be entitled to statutory bail, the agency had argued.
The apex court modified its order after the investigative agency, on Tuesday, moved the court asking to vacate its stay on the ongoing probe.
The FIR, initially lodged by the Uttar Pradesh Police under various sections of IPC was transferred to the CBI subsequent to the Allahabad High Court order.
The apex court had in August stayed the CBI probe until the issue of transfer of trail is decided. CBI had re-registered the offence on August 18 in pursuance of the Allahabad High Court order.
The top court had issued notice to Azam Khan in the last hearing, saying one can understand if accused makes a statement brushing away the offence alleged against him but how can a person in authority, who has nothing to with it, comment on the crime.
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 auto on the Delhi-Kanpur highway. The court had also noted the apprehensions of the victim family, represented by lawyer Kislay Pandey, that there was no possibility of a “fair investigation” in Uttar Pradesh in view of the fact that a Minister has allegedly made a public statement that it was a “political conspiracy”.
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“Whether the trial (in the case) will be transferred to another court (outside the state) will be considered on September 27”, said Justice Misra. Unhappy with the UP police, the petitioner said the probe should be conducted by “some other competent agency”.
