Why has MLA not been arrested yet: HC asks UP govt
UNNAO RAPE Allahabad HC lashes out at government over its stance that further investigation was needed before arresting Sengar
The Allahabad high court on Thursday questioned the Uttar Pradesh government’s handling of the Unnao rape case, asking the advocate general why the accused BJP MLA Kuldeep Singh Sengar had not been arrested even after an FIR was lodged against him.
The bench comprising chief justice DB Bhosale and justice Suneet Kumar reserved the order for April 13 after hearing the advocate general of UP as well as senior advocate and amicus curiae Gopal Swaroop Chaturvedi who sought a court-monitored investigation into the case.
The advocate general informed the court that an application was sent to the chief minister’s office on August 17, 2017, in which allegations of rape were made against the MLA.
He said the application was forwarded to the officers concerned in Unnao. “Since no FIR was lodged by the police officers at that time, action is being taken against the errant officers as per departmental rules,” he said.
When the bench asked if any arrests had been made in this connection, the advocate general said, three of the accused, including the MLA’s brother Atul Sengar, had been arrested.
The bench asked the advocate general when the government proposed to arrest Sengar to which he replied that he was not in a position make any statement.
“The police will proceed in accordance with law only after recording the statements of the complainant and witnesses,” he
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said. On several occasions, the advocate general said that in UP, the police only made arrests after conducting an investigation.
Referring to the special investigation team (SIT) report, the court said, “Medical officers and the police, all were hand-in-glove with the accused to save them and you acted against those officers on the basis of this report. But to arrest the rape accused you need to do further investigation?”
“The police are not ready to register the FIR of a minor rape victim. In spite of the SIT report, you are repeating that we can only take action after investigation. If this is the conduct of the police in the state, whom will a victim approach to register a complaint? If this is the stand you are taking, then we will be forced to observe in our order that law and order has collapsed in the state,” the bench observed.
Senior advocate GS Chaturvedi said that the SIT conducted a preliminary investigation and then filed a report after which an FIR was lodged but the state government wanted to conduct further investigation.
“On the one hand, the advocate general is seeking more time for investigation in the rape case before arresting the accused claiming it to be a procedure followed in the state, while on the other, the victim’s father was arrested for possessing an illegal firearm without any investigation. He later died in custody,” Chaturvedi argued. The advocate general requested an adjournment. “You took eight months to register the FIR. Do you want us to wait for eight more months ..?” the court asked.
OPPN HITS OUT AT PM
Meanwhile opposition Congress and BSP hit out at PM Modi’s fast on Thursday against the washout of the Budget Session. Congress leader Kapil Sibal asked the PM to observe a fast over rape incident. BSP chief Mayawati said, “The PM should instead fast to protest against the misdeeds of BJP MLA Kuldeep Singh Sengar,” she said.
An eight-year-old is sedated and gang-raped in a prayer hall and then bludgeoned to death. Among the perpetrators are a police officer and a juvenile. The post-mortem report found that the young child — our child, your child — had lacerations on the vagina and her death was caused by “asphyxia leading to cardiopulmonary arrest.”
The gruesome details of the pre-planned kidnapping, rape and murder should make our collective blood boil, but that has not