Unnao rape: CBI moves SC, seeks detention of accused MLA Kuldeep Sengar for questioning

New Delhi: The Central Bureau of Investigation (CBI) on Friday moved the Supreme Court seeking the detention of expelled BJP MLA Kuldeep Sengar and other accused in the Unnao rape case for further questioning. On the directions of the apex court, the central probe agency had earlier registered a case of murder and attempt to murder against former BJP legislator Kuldeep Singh Sengar.

The central agency also booked Sengar and 10 others accused in Unnao rape survivor's accident case and also registered cases against 20 unknown persons under criminal conspiracy, murder, attempt to murder and criminal intimidation.

In its petition filed in the Supreme Court on Friday, the central probe agency said that it wants the detention of key accused Sengar and others for questioning in the case. 

Since the apex court had earlier ordered the transfer of all five cases from Lucknow to Delhi, the central probe agency said that it is unable to seek the remand of all accused from the lower court in Uttar Pradesh. 

CBI requested the Supreme Court to keep in abeyance its order transferring the Unnao accident case from Lucknow to Delhi till the investigation in the case is concluded. Responding to its plea, the Supreme Court stayed the transfer of Unnao accident case from Lucknow to Delhi for 15 days. 

In its order, the top court said that the Unnao accident case will not be transferred from Lucknow to Delhi till the CBI investigation is over in 15 days.

It may be recalled that the Supreme Court passed an unprecedented and comprehensive order in the five cases connected with the Unnao rape case on Thursday.

The court order included compensation for the victim, shifting of cases to Delhi, daily trial to be completed in 45 days, security cover for the victim`s family members, best medical treatment for the victim, completing of investigation within a fortnight by the CBI in the accident and possibility of shifting victim`s uncle to Delhi prison on security grounds.

"The trial judge to whom the cases have been earmarked will commence the trial forthwith on a day-to-day basis and will ensure completion of trial of all the five cases within 45 days from the commencement of trial," said Chief Justice of India (CJI) Ranjan Gogoi. Dharmesh Sharma, a district judge in Tis Hazari court, will conduct the trial. 

The CJI got agitated on learning that charges in the cases are yet to be framed. "What is happening in this country", he lashed out at the authorities concerned present in the court.

The top court bench also awarded Rs 25 lakh compensation to the victim. "We direct Uttar Pradesh to pay an interim compensation and the compensation will be paid to the mother of the victim by tomorrow (Friday)", said the court. 

The court has granted two weeks to conclude the investigation into the Sunday's truck-car accident, which left the rape victim and her lawyer in critical condition and her two aunts dead. 

Learning about the victim's medical condition, the court asked the family`s counsel D. Ram Krishna Reddy to ascertain the family's views in connection with the victim`s transfer to a hospital outside Lucknow. The court was informed that the victim was receiving the best medical attention in a top hospital in Lucknow. 

"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", said the court.

The court also ordered security cover for the victim and her lawyer, the victim`s mother, four siblings and uncle Mahesh Singh (younger brother of the victim`s father) and the immediate family members of Singh, who lives in Makhi village in Unnao.

"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," said the court after noting security threats to the victim`s family from the Bharatiya Janata Party (BJP) legislator Kuldeep Singh Sengar and his henchmen.

The court asked the UP government whether the victim`s uncle should be shifted to Tihar Jail from a Raebareli jail. "The standing counsel of UP will inform the court as to whether Mahesh Singh, currently lodged in Raebareli jail, needs to be moved out on account of security reasons," said the court. 

The Bench said that it will continue the hearing on Friday to know if its directions had been carried out.

On Sunday, the victim, who had accused Sengar of raping her in 2017, was travelling to Raebareli with her lawyer Singh and two aunts when a truck being driven on the wrong side hit them. The rape victim and her lawyer are on a life support system. Of the two aunts killed in the accident, one was witness to the crime.