Legal experts slam police for delay in arrest

Under POCSO Act, there is a provision of registering a case against police for not arresting the accused. In this case, this section should be invoked. NAHID LARI KHAN, former member of Uttar Pradesh Commission for Protection of Child Rights

NEW DELHI: The decision of the Uttar Pradesh police to not arrest Kuldeep Singh Sengar even after booking him for rape is “bad in law”, say legal experts, suggesting that the police were “clearly” favouring the Bharatiya Janata Party (BJP) legislator in the case.

Police booked Sengar under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, 2012, on Thursday for allegedly raping a teenaged girl last year. The POCSO Act provides for immediate arrest of the accused.

The state police did not arrest him saying they have referred the case to the Central Bureau of Investigation (CBI), who will take a call to arrest him or not.

Uttar Pradesh’s principal secretary (home) Arvind Kumar said the central agency will investigate the case and decide on arresting the MLA, whom he repeatedly referred as “mananiya (respectful)” during a press conference on Thursday.

Supreme Court lawyer Vrinda Grover said not arresting Sengar was a “breach of law”.

“He has been booked for cognizable offence and non-bailable offences under which he is required for immediate custodial interrogation by the police. Not arresting him clearly shows that the police was favouring the accused,” Grover said. Another legal expert said action should be taken against the police for not arresting Sengar immediately after he was booked for rape.

“Under Section 21-B of the POCSO Act, there is a provision of registering a case against the police for not arresting the accused. In this case, this section should be invoked,” former member of Uttar Pradesh Commission for Protection of Child Rights Nahid Lari Khan said.

Former additional solicitor general of India, Indira Jaisingh, said the Unnao case shows the law can be twisted to help the “mighty” and “powerful”.

“If the police don’t implement the law, who will?” she asked, claiming that such cases are the reason for growing disenchantment of the people with police.

Grover said not calling Sengar for interrogation was a “display of shameless power” and indicates that law is applied differently to common citizens and those in power. She also asked why Sengar was not booked as a co-accused in the case of the alleged murder of the rape victim’s father.