Unnao gangrape case: Allahabad High Court questions Uttar Pradesh government over delay in arrest of BJP MLA Kuldeep Singh Sengar, reserves order for Friday

LUCKNOW: Questioning the state government over the delay in arrest of Unnao rape case main accused BJP MLA Kuldeep Singh Sengar, the Allahabad High Court, a day-long hearing of the matter on Thursday reserved its order for Friday.

Taking a suo motu notice of the case on the basis of a letter written by senior advocate Gopal Swaroop Chaurvedi, the court treated it as PIL and sought the state government to produce all the details related to the case and the action taken by it.

Responding to HC notice, UP Advocate General Raghvendra Singh appeared on behalf of the state government and informed the court that on August 17, 2017, an application mentioning rape charges against Unnao MLA was received at the CM’s office. It was forwarded to officers concerned in Unnao district for appropriate action.

On this, a division bench, comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar, questioned the Advocate General if any arrests were made so far. To this, Singh informed the court that five persons, named in the complaint, were arrested, including Atul Singh Sengar, brother of MLA Kuldeep Singh Sengar.

On if the state government was contemplating to arrest the main accused MLA, the Advocate General replied that he was not in position to make a statement in this regard as police would proceed in
accordance with law. He told the court that only after recording the statements of complainant and witnesses, any step would be taken.

Miffed over the argument, the court pointed at the fact that if on the basis of SIT, action could be taken against the medical officers and police officers of Makhi police station and Safipur CO for negligence and laxity on their part in performing their duties, why did the government need further investigation for arresting the main accused.

“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 state, whom a victim will approach to register the 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 added.

During the court proceedings, senior Advocate Gopal Swaroop Chaturvedi said that SIT conducted preliminary investigation and then filed a report following which FIR was registered against Sengar and still state government wanted 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, senior advocate has demanded court-monitored investigation into the case and also into the subsequent death of the survivor’s father in judicial custody.

Earlier on April 11, 2018 while treating letter as PIL the court had observed, “What is disturbing, as submitted by Chaturvedi, is that the father of the complainant, 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 9, 2018. We fail to understand why the investigating agency instead of arresting accused persons, arrested the complainant, in connection with this case,” asked the court.