The Supreme Court today directed the UP police to lodge an FIR against state minister and Samajwadi Party leader Gayatri Prajapati in connection with cases of alleged gangrape and attempt to rape a woman and her daughter. The apex court bench comprising Justices A K Sikri and R K Agrawal also directed the police to inquire and file an action taken report regarding the incidents in eight weeks in a sealed cover.
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The apex court’s direction came on a PIL filed by a woman who has alleged repeated gangrape by Prajapati and others and has sought the court’s direction for lodging of an FIR.
Advocate Mehmood Pracha, appearing for petitioner, said the police has not taken any action on the complaint which was given to the Director General of the state police.
Counsel appearing for Uttar Pradesh said since it was currently election time in the state, the petition has been filed.
He said the state government has said in the affidavit that the alleged incident cannot be ascertained and there was a delay in filing of the complaint.
Pracha contended that the petition was filed before the elections were announced and the apex court had issued notice on November 25 last year.
He said the fundamental and civil rights of an individual cannot get suspended when elections are announced and the Uttar Pradesh police should have lodged an FIR in this regard.
Narrating the incident, he said the alleged incident had first taken place in October 2014 and continued till July 2016 and when the accused tried to molest the minor daughter of the petitioner, she decided to lodge a complaint.
Pracha said she had given in writing to the DGP in October 2016 but no FIR was lodged. She subsequently moved the apex court seeking justice.
He further said while issuing notice to state government and others, the apex court had directed Delhi Commissioner of Police to provide security to the petitioner.
To this, the apex court asked the state’s counsel why was there a delay in lodging of FIR and directed that it should be lodged immediately.
Prajapati was sacked by Chief Minister Akhilesh Yadav from his cabinet in 2016 during the family feud with his father Mulayam Singh Yadav and uncle Shivpal Yadav but was later reinstated in the council of ministers.