The Supreme Court Thursday transferred all five cases registered in connection with the Unnao rape incident from a Lucknow court in Uttar Pradesh to a court in Delhi with directions to hold trial on daily basis and completing it within 45-days.
The apex court also directed the Uttar Pradesh government to provide Rs 25 lakh as interim compensation to the rape victim which has to be paid by tomorrow (Friday).
The court further said that CBI will have to complete the investigation within seven days into the recent accident in which the victim and her lawyer were critically injured and two of her aunts killed.
It said the CBI can avail of additional seven days in exceptional circumstances, but in no case the time frame will be extended beyond a fortnight.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose said "we have deemed it proper to pass the order of transfer and expeditious trial ex-parte in the facts and circumstances of the case" and the accused are at liberty to approach the apex court for seeking vacation/modification/alteration of this order.
In the rape case, BJP MLA Kuldeep Singh Sengar, a four-time legislator who represents Bangermau in the Uttar Pradesh Assembly, is the main accused and lodged in jail since April, 2018.
CBI, which has taken over the investigation into Sunday's road accident, booked 10 people for murder, including Sengar.
The apex court directed that the victim, her mother, other members of the family and their lawyer will be provided security by the CRPF and an officer of the level of commandant will file a compliance report forthwith.
"Such security and protection shall be provided by the Central Reserve Police Force (CRPF). The Commandant of the CRPF battalion in Raebareli or in any location near Raebareli where a CRPF battalion may be located, shall be responsible for providing adequate security and protection in terms of this order.
"Such security and protection will be provided forthwith and compliance thereof be reported to the Court tomorrow (on August 2) through the Central Agency," the order said.
The top court also took note of the oral instructions received by the CBI from the doctors of the King George Medical College Hospital that both the victim and her lawyer are in a condition to be airlifted to AIIMS, New Delhi.
"The victim and her lawyer, who is presently in the ICU/CCU and on ventilator in King George's Medical University, Lucknow has been certified by the Doctors as fit for being airlifted out of Lucknow for more advanced medical treatment, though according to the Doctors, such movement is not required as the hospital in question in Lucknow is fully equipped to treat the patient," said the order.
It further said: "As the family of the victim is represented by a counsel D Ram Krishna Reddy, we request the said learned counsel to ascertain the views of the family in this regard that is transferring the victim to a hospital outside Lucknow and to inform the Court, whereafter necessary orders will be passed.
"We also request V Giri, Amicus Curiae to ascertain the views of the family of the lawyer of the victim as to whether the said person should be shifted from the hospital in lucknow to another hospital in the country for more advanced medical treatment. V. Giri on receipt of instructions will be at liberty to mention the matter before the Court."
Besides the main rape case and the accident case, the three other matters which were transferred to the national capital are the FIR which was lodged against victim's father under Arms Act, his custodial death and gang rape of the victim.
"Taking into account the grounds set out in Transfer Petitions... and the facts stated in the letter dated July 12, 2019 addressed to the Chief Justice of India on the administrative side, we order for transfer of the following cases from the CBI Court, Lucknow to the competent court in Delhi that is Court of Dharmesh Sharma, District Judge, West, Tis Hazari Courts, Delhi," the bench said in its order.
The court will hear the case again on Friday during which it will also hear a plea moved on behalf of Mahesh Singh, the survivor's uncle who has been lodged in a jail in Rae Bareilly, to be shifted to a jail in the capital.
Singh's wife was also in the ill fated car and had died in the accident.
He participated in her cremation on Wednesday after the Allahabad High Court granted him parole for a day.
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