Allahabad HC directs CBI to arrest BJP MLA, others immediately

Clay Curtis
April 14, 2018

In a scathing judgement, the Allahabad High Court Chief Justice Dilip B. Bhosale on Friday said that the father of the Unnao Rape victim may not have died if the Uttar Pradesh Police had acted on the complaint made to Chief Minister Yogi Adityanath by the rape victim against MLA Kuldeep Singh Sengar way back in August past year.

The man had died on Monday in custody after his 18-year-old daughter had accused a BJP MLA, his brother and his aides of raping her. In Delhi, the Prime Minister-headed Department of Personnel and Training acted within hours to issue a notification transferring the case from UP Police to CBI even as the UP DGP declared the police would not arrest the MLA. The first has Sengar as accused in the rape case. Under POCSO, an accused has to be arrested immediately. The CBI will investigate three cases filed against Sengar in Unnao, 50 kilometres from state capital Lucknow. In spite of the SIT report, you are repeating that you can take any action only after further investigation.

"The disturbing feature of the case is that the law and order machinery and the government officials were directly in league and under the influence of Kuldeep Singh", the judges said, criticising the law officer's approach.

"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", it said.

The Allahabad High Court on Wednesday took suo motu cognisance of the Unnao rape case.

Yogi Adityanath government has told Allahabahd high court that due to lack of evidence could not arrest BJP MLA Kuldeep Singh Sengar in the rape case, according to Firspost, Advocate general Raghvendra Singh, on behalf of the UP government, told the Allahabad High Court that there is no evidence against Kuldeep Singh Sengar in the alleged rape case.

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The Allahabad High Court will pronounce its order on the Unnao rape case at 2 pm on Friday. Sengar was detained early on Friday and questioned at the Lucknow office of the Central Bureau of Investigation. The government has chose to extend security to the family of the 17-year-old girl, he added.

A purported video of the girls father before his death has gone viral and was also aired by several TV news channels.

Meanwhile, Uttar Pradesh Chief Minister Yogi Adityanath assured that strict action will be taken against the accused, no matter how influential the person is.

Two doctors have been suspended and disciplinary proceedings initiated against three others for laxity in providing the victim's father with proper medical care and treatment prior to his judicial custody and at the district hospital, officials said.

Directing the CBI to carry out investigation strictly in accordance with law, the court told the agency to consider filing an application for cancellation of bail granted to other accused in the case.

The court passed this order when it was informed that the MLA was detained but had not been arrested yet.

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