Not arresting rape accused is breach of law: Legal experts
NEW DELHI: The decision of the Uttar Pradesh police not to arrest Kuldeep Singh Sengar even after booking him for rape is “bad in law”, say legal experts, claiming that police were “clearly” favouring the ruling Bharatiya Janata Party’s legislator in the case.
Police booked Sengar for allegedly raping a 17-year-old girl last year under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO)Act, 2012, on Thursday.
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 the 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 on Thursday.
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 will not implement the law, who would?” she asked, claiming that such cases are the reason for growing disenchantment of the people with police.
Grover said that 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.