FIR in Unnao rape case but no arrest

The UP government has finally mustered courage to file an FIR against BJP MLA Kuldeep Sengar in the Unnao rape case – under the stringent provisions of the POCSO Act, which demand immediate arrest of the accused.

But, alas, he cannot still be arrested as the case has been transferred by the state government to the CBI and only the premier agency will decide whether the case against the accused is tenable or not. The arrest hinges on the findings of the CBI in the case.

The UP Police officers had another absurd defence to offer for their inaction: that the victim had first made a statement alleging rape to a court but did not name the accused Kuldeep Sengar.

It was only later that she named the BJP MLA as one of the accused. To make a further mockery of the demands of justice, just a few hours after the Allahabad High Court sought a reply from the Yogi Adityanath government – as to why the accused MLA had not been arrested -- the state government said that there is not enough evidence against the BJP lawmaker. The UP government further claimed that when they have sufficient evidence, they will arrest him. The court, which has taken suo motu cognizance of the rape case and custodial death of the woman's father, came down heavily on the Uttar Pradesh and asked whether it proposes to arrest the accused BJP MLA or not. The bench said that the woman continued to plead for justice for six months but nothing was done on her complaint. It asked whom would a victim approach in such a situation.

The court also took umbrage at the plea that there was not enough evidence and demanded to know whether the police procures proof beforehand in every case. The bizarre claims by the UP government came after the Union Minister for Women and Child Development, Maneka Gandhi, stated that justice will be done to the victim. State Home Secretary Arvind Kumar’s choice of words gave the game away. "The charges against the ‘vidhayak-ji’ will be investigated. If there is any merit in them, action will be taken,’’ he said.

The BJP MLA even had the cockiness to turn up outside the Lucknow SP’s residence at midnight and had the audacity to tell the gathered media persons that he has no intention to surrender. He had made the appearance only to ally misgivings that he was on the run.