LUCKNOW: Taking a strong notice of Unnao rape case, the Allahabad High Court on Friday passed an ordered directing the Investigation Officer of Central Bureau of Investigation (CBI) to arrest accused BJP MLA Kuldeep Singh Sengar instead of keeping him in detained status.
The court passed this order when it was informed that the MLA was detained but had not been arrested yet.
When informed by Advocate General Raghvendra Singh representing state government that the CBI had taken over investigation in the rape case, the division bench, comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar, asked the central probe agency to proceed with the investigations
strictly in accordance with law.
It also suggested the CBI investigating officer to sincerely consider filing an application for cancellation of bail granted to other accused in the rape case. It also asked the investigating agency to produce a comprehensive progress report of the case in the court at 10 am on May 2, 2018.
Meanwhile, delivering the order the court made some very damning observations against the state government calling its approach and attitude in the case ‘appalling’ owing to which there was so much of delay in arrest of the accused MLA. “The approach of the learned Advocate General is not only appalling but shocks the conscience of the Court in the backdrop of the instant case,” said the bench in its Friday order.
Similarly, about the police's inability to arrest accused MLA Sengar, the court added it raised doubts on bona fide credentials of state police authorities. It also ridiculed the contention of advocate general that no accused person, including Kuldeep Singh, could be arrested without the Investigating Officer following the procedure prescribed under CrPC and collecting evidence in support of the allegation of rape.
The court added: “We are unable to persuade ourselves in accepting the contention of Advocate General that the accused in the circumstances cannot be arrested. In our opinion, arrest of the accused in
the present case is necessarily required to safeguard the majesty of law and the dignity of the prosecutrix and to instill confidence that free and fair investigation shall be undertaken by the Investigating agency.”
Referring to first FIR filed by the victim in the case, wherein the name of the accused MLA was not mentioned, the court asked the probe agency to investigate the report thoroughly and reopen the case related to the initial FIR if need be.
The court observed that it was disturbing to note that apparently the law and order machinery and the government officials were directly in league with and under the influence of the accused MLA.
Taking the police and medical authorities to task, the court observed that neither the doctor examined the victim, nor did the Circle Officer, Shafipur, register the crime, despite the CM office sending
victim’s hand written complaint to them. The court said it appeared that victim’s father was beaten up by the brother and the goons of Kuldeep Singh Sengar and was arrested. He was beaten mercilessly in custody as well and it further appeared from the submissions made in the court that false cases were lodged against the family members of the victim. And father of the victim succumbed to injuries.
Earlier, the court had on April 11, 2018 had reserved its judgement in Unnao rape case after taking the suo motu notice of it by treating a letter written by senior advocate Gopal Swaroop Chaturvedi. Advocate Chaturvedi was appointed amicus curiae in the case. The court had posted the matter for Friday for
pronouncement of order.