The Supreme Court on Thursday ordered the immediate transfer of trials of all five cases related to the Unnao rape case, from an Uttar Pradesh court to a CBI court in Delhi.
A bench headed by Chief Justice Ranjan Gogoi also ordered that the probe in the 28 July accident case — in which the 19-year-old rape survivor was seriously injured along with her lawyer and two of her aunts were killed — be completed within seven days. The court said that as an exception, the CBI can take another week, "but in no circumstance shall the probe extend beyond a fortnight".
The survivor had accused Kuldeep Sengar, a BJP MLA, of raping her at his residence in Unnao on 4 June, 2017.
Ordering an interim compensation of Rs 25 lakh to the survivor, the top court further ordered that the designated CBI court judge in Delhi will commence the trial in the cases, including the rape case, on a day-to-day basis and complete the trial within 45 days.
"Taking into account the ground stated in the transfer petition, and the letter to the CJI, we order the transfer of all the cases from the CBI court in Uttar Pradesh to Delhi," the apex court said. The development comes a day after Gogoi expressed surprise over the Supreme Court registry not placing the survivor's letter dated 12 July before him.
The court also ordered an inquiry to be conducted by secretary-general within 7 days to ascertain whether there was any lapse or negligence by the registry officials leading to the delay in the processing of the letter.
"We also direct security and protection to the victim (survivor), her lawyer, mother of the victim (survivor), the four siblings of the victim (survivor), her uncle, and immediate family members in the village in Unnao," said CJI.
Several political leaders and activists reacted to the order, hailing the Supreme Court's direction in the cases. Congress general-secretary Priyanka Gandhi Vadra welcomed the Supreme Court order "taking cognisance of the jungle raj being unleashed in Uttar Pradesh". She also took note of the BJP's move to expel Sengar from the party.
Grateful to the SC for taking cognisance of the ‘Jungle Raj’ being unleashed in U.P.
Meanwhile, the BJP finally acknowledges having empowered a criminal and takes some action to correct itself and move in the direction of justice for a young woman who has suffered immeasurably. pic.twitter.com/nNNWhW1CKz
— Priyanka Gandhi Vadra (@priyankagandhi) August 1, 2019
Congress communications in-charge Randeep Singh Surjewala said that the development was proof that the Yogi Adityanath government in Uttar Pradesh is neither capable of maintaining law and order nor can it punish criminals.
सुप्रीम कोर्ट का आदेश इस बात का सबूत है कि आदित्यनाथ सरकार न क़ानून व्यवस्था बनाए रखने के क़ाबिल है और ना ही अपराधियों को सज़ा देने के।
— Randeep Singh Surjewala (@rssurjewala) August 1, 2019
Congress welcomed the Supreme Court's order to transfer all the related cases out of Uttar Pradesh. "We hope the victim (survivor) and her family will see the light of justice soon," the party tweeted.
We welcome the Supreme Court's orders to transfer all the cases related to Unnao rape & accident case out of UP. We hope the victim & her family will see the light of justice soon. #AdityanathResignNow https://t.co/sna35rcjgk
— Congress (@INCIndia) August 1, 2019
Delhi chief minister and Aam Aadmi Party supremo Arvind Kejriwal said the order was "landmark" order and asserted that the top court's directions would enhance the faith of people in the judiciary.
Landmark Supreme Court order in Unnao victim case. This will enhance the faith of people in the judiciary and will serve as a lesson to those who make a mockery of law
— Arvind Kejriwal (@ArvindKejriwal) August 1, 2019
Delhi Commission for Women chairperson Swati Maliwal lashed out at the Adityanath government and said that the Uttar Pradesh chief minister "should be ashamed" because activists had been demanding for immediate compensation for the survivor for a long time.
On the cases being transferred to the Delhi court, Maliwal said, "Now, let's see how Sengar's bravado does not come down. The survivor would've never been able to get justice in Uttar Pradesh. DCW will help her fight the case in Delhi."
UP CM आदित्यनाथ को शर्म आनी चाहिए। पहले दिन से हम चीख़ रहे हैं लड़की को मुआवज़ा दिलाओ पर इनकी अकड़ इतनी है की आँख मूँद के बैठे रहे।
अब SC से फटकार पड़ी तब क्या इज़्ज़त रह गयी। SC ने लड़की को हक़ दिलाया। इस 25 लाख की अंतरिम राहत से उसके घाव नही भर सकते पर मदद बहुत होगी। https://t.co/vsn9UO7J8k
— Swati Maliwal (@SwatiJaiHind) August 1, 2019
SC ने उन्नाव पिडीता के सारे केस दिल्ली ट्रान्स्फ़र करे। अब देखते हैं इस कुलदीप सैंगर की बाहुबली कैसे पस्त नही होती।
इस लड़की को कभी UP में न्याय नही मिल सकता। DCW लड़की का केस दिल्ली में लड़वाने में पूरी मदद करेगा। कुलदीप सेंगर की फाँसी अब दूर नही। https://t.co/aojP6UDnHh
— Swati Maliwal (@SwatiJaiHind) August 1, 2019
At a press conference, Mahila Congress president Sushmita Dev lashed out at the BJP for the delay in action against Sengar. "Had the Supreme Court not interfered, god knows what would have happened to the victim and her family. BJP president Amit Shah did not taken any action against the accused Sengar for the last two years. Instead, BJP MP Sakshi Maharaj met accused Sengar in jail. Amit Shah, Narendra Modi and Yogi Adityanath stood by the Sengar for two years and continued to lie about his expulsion. Sengar was expelled only after court’s reprimand," she said.
On Thursday evening, on the direction of the Supreme Court, the Unnao district magistrate issued a compensation cheque of Rs 25 lakh in the name of rape survivor. The cheque will be given to the survivor's mother through Lucknow district magistrate.
With inputs from agencies and 101Reporters
Updated Date: Aug 01, 2019 19:18:45 IST