High court to monitor the investigations
The court directs the CBI to carry out investigation strictly in accordance with the law
ALLAHABAD: Pulling up the state government for its failure to act against Kuldeep Singh Sengar, the BJP lawmaker charged with raping a teenager in Unnao last year, the Allahabad high court on Friday directed the Central Bureau of Investigation (CBI) to arrest the accused.
When counsel for the state government informed the court that the case had been handed over to the CBI, which had detained the MLA and not arrested him as yet, the bench comprising chief justice DB Bhosale and justice Suneet Kumar directed the investigating officer of the CBI to arrest Sengar.
The court will now monitor investigations in the case and has asked the CBI to file a status report on May 2 – the next date of hearing.
Emphasising that the accused should be arrested, the court observed: “The approach of the learned advocate general (AG) not only exudes an unpleasant flavour, but also raises doubts about the bona fides of the police authorities at the highest level.”
“We are unable to accept the contention of the AG that the accused in the circumstances cannot be arrested. Arrest of the accused is necessarily required to safeguard the majesty of law and the dignity of the prosecutrix,” the court said.
The court directed the CBI to carry out investigation strictly in accordance with the law and consider filing an application for cancellation of bail granted to other accused in the rape case.
After going through the girl’s complaint and the report submitted by special investigation team (SIT), the court said prima facie the facts that emerged from the material placed by the AG and the report of the ADG, it was evident that the accused involved in the incident of June 11 last year had direct connection with the MLA.
“The prosecutrix was allegedly raped on June 4, 2017 by Kuldeep Singh. Thereafter, since June 11, 2017, until her recovery on June 20, 2017, she was repeatedly gang-raped by the persons charge-sheeted in the case,” the court observed.
“No case was registered against Kuldeep Singh, which was an incident stated by the prosecutrix in the same complaint. The SIT report reveals how police personnel and doctors were/are under the influence of Kuldeep Singh and how they tampered with the evidence and tried to intimidate the prosecutrix and her family,” it said.
On the inaction of government officials and the police, the bench observed, “The disturbing feature of the case is that the law and order machinery and government officials were directly in league and under the influence of Kuldeep Singh.”
“The doctor did not examine the prosecutrix, nor did the circle officer, Shafipur, register the crime though a hand written complaint of the prosecutrix was sent from the office of the chief minister. On a petty offence, father of the prosecutrix was beaten up by the brother and the goons of Kuldeep Singh. He was arrested and beaten up mercilessly in custody,” it said.
The bench said it appeared that false cases were lodged against the girl’s family.
“Unable to face the pressures exercised upon her by Kuldeep Singh, who was having the backing of the law and order machinery of Unnao district, the prosecutrix attempted to immolate herself to draw the attention of the society that she needs help and protection of the custodians of law, which was put to the winds at the behest of the accused,” the bench added.
Earlier on Wednesday, the court had taken cognisance of a letter petition by senior advocate Gopal Swaroop Chaturvedi seeking a court-monitored investigation and treated it as a PIL petition.
On Thursday, the court asked advocate general Raghvendra Singh if the state government proposed to arrest the legislator who was accused of rape.
The AG replied that he was not in a position to make any statement in this regard and the police would proceed in accordance with law after recording statements of the complainant and witnesses.