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SC shifts back Unnao road accident case to Lucknow

Last Updated 02 August 2019, 13:26 IST

A day after transferring five cases related to Unnao rape survivor to Delhi, the Supreme Court on Friday ordered for shifting the case related to road accident, which resulted into death of two women and grievous injuries to the girl and her lawyer, back to a Lucknow court to enable it to pass orders during the CBI investigation.

A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta modified its order of August 1 on a plea made by Solicitor General Tushar Mehta on behalf of the CBI.

The counsel submitted since accused, sacked BJP MLA Kuldeep Singh Sengar and others were to be taken for custodial interrogation during the 15 days maximum time given to the CBI for investigation, the question of jurisdiction would arise in the matter for allowing such applications by the CBI.

Acceding to the request, the bench said the transfer of the accident case to Delhi “shall remain in abeyance for the period during which the said case remains under investigation, which we have stipulated in the order dated 1st August, 2019, to be completed in a maximum period of 15 days, preferably within 7 days.”

Earlier on the day, the court ordered shifting of the 19-year-old victim's uncle from Rai Bareli to Tihar jail here. He is serving a 10-year-jail term in an attempt to murder case.

The bench passed the order for shifting him to Delhi's Tihar jail after senior advocate Ranjit Kumar, appearing for the UP government, said that the state has no objection on his transfer as he is a witness to the rape case.

During the hearing, senior advocate V Giri, acting as amicus curiae, submitted he was not able to talk to the lawyer, who was critically injured and remained admitted to Lucknow's hospital. His younger brother, with whom I had called, said he was not able to get in touch with the patient, he said.

D Ram Krishna Reddy, appearing for the victim, submitted she was totally unconscious. For the present, she can continue with the treatment in Lucknow's King George Medical College and liberty may be given to mention the matter in future, he said.

"So far as the movement of victim and lawyer out of Lucknow to Delhi is concerned, there appears to be some hesitation. List the matter on Monday. The petitioner may make a mention before Justice Gupta, in case any urgent order was required," the bench said.

Solicitor General Mehta submitted that the Centre has no difficulty in making any arrangement for shifting the victim and lawyer to Delhi. Both had sustained grievous injuries in road accident in suspicious circumstances on Sunday while two aunts of the 19-year-old survivor had died.

At the instance of Giri, the court directed the print and electronic media to refrain from disclosing identity of the Unnao rape victim. The counsel said the victim's old interview was telecast by some channel.

During the brief hearing, the Uttar Pradesh government said it has deposited Rs 25 Lakh to victim's mother and the CRPF personnel have been deployed for the security of the victim.

The court had on Thursday passed ex-parte interim order for transferring cases involving expelled BJP MLA Sengar. It had given the CBI maximum time of a fortnight to finish accident case probe.

It also directed for completing the trial in 45 days.

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(Published 02 August 2019, 13:14 IST)

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