Allahabad: After taking suo motu cognizance of the Unnao rape case and custodial death of the woman's father, the Allahabad High Court came down heavily on the Uttar Pradesh government on Thursday and asked whether it proposes to arrest accused BJP MLA Kuldeep Singh Sengar.
A bench of Chief Justice D B Bhosale and Justice Suneet Kumar, heard the matter in detail and will pronounce its order on Friday. The court also questioned the conduct of the police in the case, saying that the law and order situation seems to have collapsed in the state.
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.
Advocate General Raghvendra Singh, who was present in the court on its direction, said there was not enough proof to arrest the MLA and action would be taken as per law once the police gets sufficient evidence.
Sengar was on Thursday booked under various sections of the IPC and provisions of the Prevention of Children from Sexual Offences (POCSO) Act. Under POCSO, an accused has to be arrested immediately after a case been filed.
The court took strong objection to this statement, and asked if the police procures proof beforehand in every case. Singh said that three of the accused have been arrested, including the MLA's brother.
The court then asked the Advocate General whether the government proposes to arrest Sengar.
Singh said that he was not in a position to make any statement in this regard and police will proceed in accordance with law only after recording statements of the complainant and witnesses. He said that the case gas been transferred to the CBI and the agency would take a call.
The court referred to the SIT report and said, "according to it, medical officers and police officers, all were hand in glove with the accused to save them and you acted on this report against those officers but for arresting rape accused you need to do further investigation."
"Police was not ready to register FIR of the minor rape victim. In spite of the SIT report, you are repeating that we can only take any action after further investigation, if this is the conduct of the police in state, whom will a victim approach to register a complaint? If this is the stand you are repeatedly taking, then we will be forced to observe in our order that law and order has collapsed in the state'," it said.
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