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The division bench, comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar, passed this order when it was informed that the said MLA is detained but has not been arrested yet.
Earlier, it was informed on behalf of the state government that the CBI has taken over the investigation of Unnao rape case.
Acting on this information, the court directed the CBI to further the investigation strictly in accordance with law and to consider the filing of an application for cancellation of bail granted to other accused in Unnao rape case.
Regarding the first FIR, where there is no mention of BJP MLA Sengar as accused, the court directed the CBI to further investigate or reopen the case.
Previously on April 12, 2018, the court had reserved its judgment in the Unnao rape case allegedly involving a BJP MLA. The court had directed it to be pronounced on Friday.
The court had on April 11, 2018 treated a letter written to it by a senior advocate on Unnao rape case as PIL and had taken cognizance of the matter, asking the state government to provide details of action taken.
At another stage, on April 12, 2018, UP advocate general Raghvendra Singh had informed the court that on August 17, 2017, an application was sent to the chief minister’s office in which allegations of rape were made against a BJP MLA of Unnao district. The application was forwarded to concerned officers in Unnao district to take appropriate action.
On this, the court had questioned what else was done in this case and whether any arrests were made so far.
In his response the advocate general had informed the court that three of the accused in the case, including the brother of MLA Kuldeep Singh Sengar, had been arrested.
The court had then asked the advocate general, “whether you propose to arrest Kuldeep Singh Sengar, who is also accused of rape?” To which the advocate general replied that he is not in a position to make any statement in this regard and police will proceed in accordance with law, and only after recording the statement of complainant and witnesses, any step would be taken.
Earlier, on Thursday, during the course of the hearing, the court pointed out the SIT report in this case. “According to the SIT report, medical officers and police officers, all were hand-in-glove with the accused to save them and you acted on this report against those officers but for arresting the rape accused you need to do further the investigation,” the court had said on Thursday.
“Police is not ready to register FIR of a minor rape victim. In spite of SIT report, you are repeating that we can only take any action after further investigation, if this is the conduct of the police in the state, who will a victim approach to register a complaint? If this is the stand you are repeatedly taking then we will be forced to observe in our order that ‘law and order has collapsed in the state,” the court had added.
Earlier, during the court proceedings, senior advocate Gopal Swaroop Chaturvedi, whose letter was treated as PIL, had said that SIT headed by senior police officers conducted a preliminary investigation and then filed a report after which FIR was registered and still the state government wants to conduct further investigation before arresting the accused MLA.
In cases involving heinous crimes like rape against a minor, accused should have been arrested, added Chaturvedi.
In his letter addressed to the Chief Justice, the senior advocate has demanded a court-monitored investigation into the case and also into the subsequent death of the survivor’s father in judicial custody.
Earlier on April 11, while treating the letter as PIL, the court had observed, “What is disturbing, as submitted by Chaturvedi, is that the father of the prosecutrix, for no reason, came to be arrested and was in custody, where, we are informed, he was mercilessly beaten and he succumbed to the injuries on April 10, 2018. We fail to understand why the investigating agency instead of arresting accused persons, arrested the complainant, in connection with this case.”
Through his letter, Chaturvedi requested the court to take suo motu cognizance of the incident in which a girl was allegedly raped by the MLA and his aides. Chaturvedi submitted that though the offence came to be registered on the basis of the FIR lodged by the father of the girl and named the Bangarmau MLA as the main accused, the investigating agency has not arrested him till date.
The man had died on April 9 in judicial custody after his 18-year-old daughter accused the MLA, his brother and his aides of raping her. On April 10, the police arrested Atul Singh, brother of the MLA, in connection with the case.