Do you have any relative who has been raped, Supreme Court asks lawyer
The Supreme Court (SC) on Friday dismissed a plea referring to the Unnao rape case, which sought some directions on why no FIR has registered automatically against a powerful accused.
When petitioner and SC lawyer M L Sharma questioned why no FIR was filed against a powerful accused like a minister, MP or MLA, the bench of justices, S A Bobde and L Nageswara Rao, asked him to approach the Allahabad High Court to raise his grievance.
The HC has already passed some order. You go to the jurisdiction police station. Even otherwise, there cannot be a PIL in a criminal matter, Bobde told Sharma.
But, most shocking was Justice Bobdes remark: Only an aggrieved person can come to court in such cases. How are you connected to rapes? Do you have any relative who has been raped? Sharma filed the PIL last week, seeking CBI probe into the rape of a girl,16, in Unnao, last year allegedly by BJP MLA Kuldeep Singh Sengar; and the custodial death of her father, after allegedly assaulted by the brother of the accused.
MLAs brother Atul Singh Sengar has already been arrested. The case too has been handed over to the CBI by the Allahabad High Court, which has already registered four cases. The state government too constituted a SIT to probe the rape case.
Sharma, in the PIL, said he filed a representation in this regard to the chief secretary of UP and CBI, but it hasn't been acted upon. The UP police cannot be trusted to conduct the probe in a free and fair manner, he said.
Because victims family is also entitled to similar compensation what has been provided in case of Nirbhaya gang rape, i.e. Rs 3 crore and government service to her family, coupled with compensation and action for custodial death as directed by this SC from time to time, Sharma said.
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