[dropcap]T[/dropcap]AKING a serious note of the Unnao rape case in which Bharatiya Janata Party’s (BJP) MLA Kuldeep Singh Sengar is a prime accused and the recent road accident involving the rape survivor, the Supreme Court of India today transferred all five cases from the CBI Court in Lucknow to the court of Dharmesh Sharma, District Judge, West, Tis Hazari Courts, Delhi.
A three-judge bench comprising the Chief Justice of India (CJI) Ranjan Gogoi, Justices Deepak Gupta and Aniruddha Bose also ordered that the probe into the car accident involving the rape survivor, her family and lawyer would be completed in seven days. Two members of the group were killed while the rape survivor and her advocate were critically when their vehicle was hit by a speeding truck in Rae Bareli, UP.
Emphasising the need for an expeditious probe into the accident, the court waived the need for the investigating authority to approach to court for a week’s extension, which it said, “should be construed as an exception.
“… in any circumstance, the investigation will be completed within a fortnight from today, preferably within seven days,” the judges asserted.
The trial judge to whom the cases have been earmarked, will commence trial immediately on a day to day basis and will ensure completion of the trial of all five cases within 45 days from commencement of the trial, the Supreme Court ordered.
Compensation and security to rape survivor and family
The court has also ordered interim compensation of Rs 25 lakhs to the rape survivor and her family members. It also ordered that security and protection be provided to all them.
“Such security and protection shall be provided by the Central Reserve Police Force (CRPF). The Commandant of the CRPF battalion in Rae Bareli or in any location near Rae Bareli where a CRPF battalion may be located, shall be responsible for providing adequate security and protection in terms of this order,” the court said.
Delay in placing the letter before the CJI
Insofar as the action of the Registry in not taking prompt action on the letter of the rape survivor’s family is concerned, the court directed an inquiry by the Secretary General of the Supreme Court to look into whether there were any lapses or negligence on the part of any member of the Registry in processing the letter petition and placing it before the Chief Justice on the administrative side.
The inquiry is to be completed within seven days and will be supervised by a sitting Supreme Court nominated by the Chief Justice.
The court has also asked the standing counsel for the State of Uttar Pradesh to inform the court as to whether Mahesh Singh, the uncle of the survivor, who is currently lodged in Rae Bareli jail needs to be moved out of there for security reasons.
On whether the rape survivor, presently on a ventilator in King George’s Medical University, Lucknow needed to be shifted to New Delhi, the court noted that the doctors had certified her as fit for being airlifted out of Lucknow for more advanced medical treatment, though they felt the transfer was not required as the hospital in question was fully equipped to treat her.
The court, however, has asked counsel for the girl’s family to ascertain their views in this regard and inform the court, after which necessary orders would be passed.
Liberty to the accused to seek modification of the order
Given that today’s order was passed ex-parte, the apex court said that all the accused in the cases which have been transferred out to New Delhi would be at liberty to approach it to seek its vacation/modification/alteration.
“We have deemed it proper to pass the order of transfer and expeditious trial ex-partein the facts and circumstances of the case”, the bench led by the CJI said.
The court had also summoned the CBI officer to apprise it of the progress made in the probe against cases against MLA Kuldeep Singh Sengar.
Brief background
On July 21, the car in which the rape survivor, her family and lawyer were travelling was hit by a speeding truck in Rae Bareli, killing two members of the group and leaving her and the advocate critically injured.
Sengar, a four-term MLA from Bharatiya Janata Party( BJP) is accused of raping the woman in 2017 after she visited his Unnao home for a job. He has been in jail since April 2019.
The Uttar Pradesh Government had transferred the accident case to the CBI, which in turn had registered a case against Sengar and 10 others accused.
The agency had also registered a case against 20 unknown persons under charges of criminal conspiracy, murder, attempt to murder and criminal intimidation.
The victim’s mother had filed a transfer petition before the Supreme Court in January seeking the transfer of the case to Delhi from Lucknow for a fair trial. The Supreme Court had on April 16, 2019, issued notice to the CBI and others, on the petition.
