Unnao Rape: Allahabad HC orders arrest of Kuldeep Sengar, hands investigation to CBI

The Allahabad High Court today directed the arrest of BJP MLA Kuldeep Singh Sengar, one of the accused in the Unnao rape case that has shocked the country’s conscience..A Bench of Chief Justice DB Bhosale and Justice Suneet Kumar has also called for the transfer of the investigation of the case to the Central Bureau of Investigation (CBI)..The Court made these directions after agreeing to take up the matter suo motu in a PIL filed by Senior Advocate Gopal Chaturvedi. On Wednesday, the Court had passed an order directing Advocate General for Uttar Pradesh Raghvendra Singh to appear in person. Chaturvedi was requested to assist the Court as Amicus Curiae..In its order, the Court puts forth the chain of events emanating from the rape of the prosecutrix, which took place between June 11-20, 2017. The prosecutrix was then sold for Rs. 60,000, after which she was recovered at the Maakhi police station. All this while, she was continuously threatened and warned by the police officials to speak as instructed, failing which her father would be killed, as has been directed by Sengar..Though an FIR was filed on June 20 naming the accused, the police did not include the name of Sengar, who was shown to wield considerable influence over police authorities and doctors in Unnao. The doctor in charge even refused to perform a medical examination on the rape victim..The prosecutrix had even approached Uttar Pradesh Chief Minister Yogi Adityanath with her grievances, and the complaint was forwarded to the Superintendent of Police, Unnao..After running from pillar to post for justice, an FIR finally came to be recorded Sections 363, 366, 376, 506 IPC and 3/4 of the POCSO Act against Sengar on April 12 this year..But this was only after the tragedy escalated enough to draw the nation’s attention to it. Several false cases had been lodged against the prosecutrix’s father and other family members at the behest of Kuldeep Sengar. Her father was brutally assaulted by Atul Sengar, the MLA’s brother, and succumbed to his injuries on April 9..Arguing before the Court, Advocate General Raghvendra Singh submitted that no person could be arrested after mere registration of an FIR against him. The Court did not take too kindly to this submission, stating,.“The approach of the learned Advocate General is not only appalling but shocks the conscience of the Court in the backdrop of the instant case.”.Singh came under flak, with the Court observing,.“The approach of the learned Advocate General not only exudes an unpleasant flavour, but raises doubts about the bona fides of the police authorities at the highest level. We are unable to persuade ourselves in accepting the contention of learned Advocate General that the accused in the circumstances cannot be arrested. .In our opinion, arrest of the accused in the present case is necessarily required to safeguard the majesty of law and the dignity of the prosecutrix and to instill confidence that free and fair investigation shall be undertaken by the Investigating agency.”.While noting that courts should not ordinarily interfere in the investigation of cases, the Bench relied on Supreme Court judgments to hold that it could do in grave offences like murder, dacoity, robbery, rape etc., in order to bring the movements of the accused under restraint to infuse confidence among the terror-stricken victims..Therefore, the Court ordered the arrest of Sengar, and directed that the investigation of the case be handed over to the CBI. It has also asked the CBI to look into whether the bail granted to the accomplices of Sengar could be cancelled with a view to conducting a free and fair investigation..The Court has also asked for a status report to be submitted before it on May 2, at 10 am..Read the order: