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 previous year, died allegedly in police custody.
Taking a grim view of the police action on the complaint, the division bench comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar had reportedly told the government that under the prevailing circumstances it will be "forced to observe in our order that law and order has collapsed in the state". 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 Unnao rape case has been taken over the by the CBI, after the SIT submitted its chargesheet to the UP Government.
The court gave the direction to CBI after state government's counsel informed it that Sengar had been detained for interrogation and not arrested yet. The CBI will investigate three cases filed against Sengar in Unnao, 50 kilometres from state capital Lucknow.
On Thursday, police lodged an FIR against Sengar in connection with the alleged gangrape after the UP government made a decision to hand over the probe to the CBI.
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Observing that the Special Investigation Team (SIT) report showed that the medical officers and police officers were hand in glove with the accused to save them, the court said since these officers have been arrested already why further investigation was needed to arrest the main accused. Uttar Pradesh Principal Secretary (Home) Arvind Kumar, who addressed the presser alongside the DGP, accused the UP police of being "negligent" and also assured a fair investigation into the case. The court also asked the government whether it proposes to arrest Sengar. The bench said the father of prosecutrix was "beaten up by the brother and the goons of Kuldeep Singh and was arrested and in the custody was beaten mercilessly". Police charged Sengar under various sections of the IPC and provisions of the Protection of Children from Sexual Offences (POCSO) Act.
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.
The police, after ignoring the pleas of the minor, who says Sengar and his men gang-raped her nine months ago, had finally filed an FIR only on Thursday.
Mr Chaturvedi has demanded a court-monitored investigation of the incident and also death of the victim's father in judicial custody.