Severely criticising the government for its functioning, a bench comprising Chief Justice Dilip Babasaheb Bhosale and Justice Suneet Kumar observed: "The disturbing feature of the case is that the law and order machinery and the government officials were directly in league (with) and under the influence of Kuldeep Singh Sengar". Meanwhile, the Allahabad High Court (HC) has taken a suo moto cognisance of the incident.
The man had died on Monday in custody after his 18-year-old daughter had accused a BJP MLA, his brother and his aides of raping her.
The state's advocate general Raghavendra Singh had presented a similar argument in the court on Thursday. The bench on Thursday had reserved its verdict after completing the proceedings. Adityanath on Friday claimed that he learnt about the Unnao rape case only on April 9. Reportedly the top court has said that they will monitor the investigation of the rape case. 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.
A special team that the government had set up to probe the case was disbanded and the state police refused to arrest the lawmaker, because the case was going to be probed by the CBI.
The teen rape survivor demanded immediate arrest of the MLA, saying the CBI probe could be conducted later.
When asked when Sengar would be arrested, Principal Secretary (Home) Arvind Kumar told reporters here that the CBI would take a decision on this.
Mr Singh replied that three of the accused have been arrested, including the lawmaker's brother. According to report, CBI took over the Unnao rape case from the UP Police on Thursday night within hours of the papers reaching Delhi from Lucknow as the Prime Minister's Office (PMO) is said to have intervened to hasten the formalities and the DoPT which works under the Prime Minister immediately issued a notification in this regard.
Kumar said the government made a decision to transfer the case to the CBI after lodging the case into the incidents of June 4, 2017, (alleged rape) and since the two other cases of April 3 this year (cross FIRs on the beating up of the victim's father leading to his death) are connected, they will also be transferred to the CBI.
The cases pertain to the alleged rape, killing of the girl's father and a case of arms act which was slapped on her father in which he was arrested by local police.
Sengar said he had gone to the police to prove wrong the reports of him surrendering before the police and also those of him going into hiding.