Arrest MLA Sengar immediately, Allahabad High Court directs CBI

The Allahabad High Court today directed the CBI to immediately arrest BJP MLA Kuldeep Singh Sengar, accused in the Unnao rape case, and rapped the Uttar Pradesh government saying the law and order machinery and officials were directly under his influence.

A bench of Chief Justice DB Bhosale and Justice Suneet Kumar gave the direction to the agency after the counsel for the Uttar Pradesh government informed it that Sengar has been detained for interrogation and not arrested yet.

It directed CBI to arrest "forthwith" Sengar and the other accused named in the FIR registered yesterday for offences punishable under sections 363, 366, 376, 506 of IPC and sections 3 and 4 of POCSO Act and carry out further investigation within the time stipulated under the provisions of CrPC.

It also directed the agency to file status report by May 2.

The judges also took strong objection to Advocate General Raghvendra Singh's submission that Sengar would not be arrested on mere registration of the FIR, saying, "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."
In its 20-page order, the court also said, "The disturbing feature of the case is that the law and order machinery and the government officials were directly in league and under the influence of Kuldeep Singh. The doctor did not examine the prosecutrix, nor did the circle officer, Shafipur, register the crime, though hand written complaint of the prosecutrix was sent from the office of the Chief Minister."
Disagreeing with the submissions of the Advocate General, the bench said, "We are constrained to record the approach and attitude of the learned Advocate General, during the course of hearing, in contending that no accused person, including Kuldeep Singh, can be arrested without the Investigating Officer following the procedure prescribed under CrPC and collecting evidence in support of the allegation of rape."