Arrest BJP MLA Sengar, Allahabad HC directs CBI

Erika Holt
April 14, 2018

Severely criticising the government for its functioning, a bench comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar observed: "The disturbing feature of the case is that the law and order machinery and the government officials were directly in league (with) and under the influence of Kuldeep Singh Sengar".

While the Uttar Pradesh police referred to the MLA as a "respectable" person, the opposition party leader Kapil Sibal took a dig at the Prime Minister Narendra Modi and asked him what message does he want to give after the case.

In the last week, two police officers and four constables have been suspended after the victim's father, who alleged that she was raped by a BJP MLA and his accomplice past year, died allegedly in police custody.

Earlier, the state government informed the bench that the CBI had taken over the investigation of Unnao rape case.

The alleged rape case came into the limelight after the victim tried to immolate herself outside Chief Minister Yogi Adityanath's residence on Sunday, alleging police inaction against the BJP MLA. Sengar maintained that he was being framed and told the police, "When there is an arrest warrant, call me".

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The court directed the central agency to carry out the investigation strictly in accordance with the law and consider filing an application for the cancellation of the bail granted to other accused in the Unnao rape case. A special team that the government had set up to probe the case was disbanded and the state police refused to arrest the lawmaker, because the case was going to be probed by the CBI. The government has also recommended a CBI probe into the death of the victim's father allegedly in police custody on Monday.

Senior Advocate G S Chaturvedi, who had moved the court, said the SIT headed by senior police officers conducted preliminary investigation and then filed a report after which the FIR was registered.

The BJP MLA has been charged under the stringent POCSO Act and sections of the Indian Penal Code or IPC dealing with rape. Subsequently, her father died in jail with post-mortem suggesting serious injuries on his body. The state government also ordered the handing over of the twin cases of rape and the custodial death of the victim's father to the CBI. She claimed that the police did not investigate her allegations and failed to name Sengar in an official document that recorded her complaint.

Other cases pending against Kuldeep Singh Sengar are Section 171 IPC (Wearing garb or carrying token used by public servant with fraudulent intent), Section 188 IPC (Disobedience to order duly promulgated by public servant), Section 353 IPC ( Assault or criminal force to deter public servant from discharge of his duty) and many more.

Sengar said he had gone to the police to prove wrong the reports of him surrendering before the police and also those of him going into hiding. The second FIR is on rioting, in which four locals have been booked, and also the alleged killing of the victim's father in judicial custody.

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