Allahabad HC orders arrest of BJP MLA Kuldeep Singh Sengar over Unnao rape case
New Delhi: The Allahabad High Court on Friday ordered the Central Bureau of Investigation (CBI) to immediately arrest Unnao rape case accused, BJP MLA Kuldeep Singh Sengar.
A division bench of Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar, passed the order when it was informed that the said MLA was detained but not arrested yet.
The court directed the CBI to carry out further investigation within the time stipulated under the provisions of CrPC. It also directed the agency to file a status report by May 2.
Earlier, the state government informed the bench that the CBI had taken over the investigation of Unnao rape case.
Acting on this information, the court directed the CBI to investigate the case strictly and consider the filing of an application for cancellation of bail granted to other accused in the 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.
On April 12, 2018, the court had reserved its judgment in the case.
The court had on April 11, 2018, treated a letter written to it by senior lawyer Gopal Swaroop Chaturvedi on Unnao rape case as PIL and had taken cognizance of the matter, asking the state government to provide details of action taken.
Chaturvedi 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 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, Chaturvedi had demanded a court-monitored investigation into the case and also into the subsequent death of the survivor’s father in judicial custody.
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 rape victim’s father 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 had arrested Atul Singh, brother of the MLA, in connection with the case.