Unnao rape case: BJP MLA Kuldeep Singh arrested, HC says law & order machinery under his influence

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The court had on Thursday questioned the state government over the delay in Sengar’s arrest. The judges took strong objection to Advocate General Raghvendra Singh’s submission that Sengar would not be arrested on mere registration of the FIR.
“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… (It) not only exudes an unpleasant flavour, but raises doubts about the bona fides of the police authorities at the highest level,” it said.

“The arrest of the accused in the circumstances can be considered justified and necessary, not only to restrain his movement but also to infuse confidence in the victim and her family members of fair investigation and to restrain the accused from influencing the investigation and tampering with evidence and witnesses,” the court said.

“The Investigating Officer/ CBI, as the case may be, shall arrest Kuldeep Singh and the other accused for the offences punishable under Sections 363, 366, 376, 506 of IPC and Sections 3 and 4 of POCSO Act forthwith and carry out further investigation within the time stipulated under the provisions of CrPC,” it said.

“The CBI may also consider whether cancellation of bail of all the accused in Crime No. 0316 of 2017 is necessary for carrying out free and fair further investigation,” it said, as it asked the agency to submit a status report by May 2.

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The court also directed the CBI “carry out further investigation/ re-open the investigation of the crime (rape) registered on 20 June 2017, alongwith other three crimes”. The court thus struck down the Advocate General’s submission that the state government had transferred only the three recent cases, including assault and murder of the victim’s father, to the CBI, “leaving (out) the first FIR (of rape) of 2017.”

The bench passed the order on a letter written by senior advocate Gopal Swaroop Chaturvedi demanding a court-monitored investigation of the case, which was treated as a PIL.

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Meanwhile, CBI sources said the co-accused in the rape case, Shashi Singh, is yet to be arrested. Sengar will be produced before the CBI court in Lucknow on Saturday.