In a slew of directions, the Supreme Court on Thursday ordered the immediate transfer of trials in all the cases, including the rape and the mysterious Sunday accident in which Unnao rape incident was seriously injured along with her lawyer and lost her two aunts, from uttar Pradesh to Delhi and completion of the probe in the accident case in seven days.
A bench headed by Chief Justice Ranjan Gogoi observed that "probe to be completed within 7 days in the accident case. However, as an exception, CBI can take another week, but in no circumstance shall the probe extend beyond a fortnight.'
Kuldeep Sengar, a BJP MLA, had allegedly raped the girl at his residence in Unnao on June 4, 2017 when she had gone to seek a job. He is currently lodged in Sitapur district jail.
Ordering an interim compensation of Rs. 25 lakh to the victim, the apex court bench headed by Chief Justice Ranjan Gogoi also 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 transfer petition, and the letter to the CJI, we order the transfer of all the cases from the CBI court in UP to Delhi," the Court said a day after expressing surprise over the Registry not placing the letter before the CJI. The letter was written by the victim's mother last month.
The court ordered an inquiry to be conducted by Secretary General within 7 days under the supervision of a sitting Supreme Court judge, to be nominated by CJI, to ascertain whether there was any lapse/negligence by registry officials in delay the processing of letter of the victim's mother to CJI.
Justice Gogoi has also ordered Uttar Pradesh government to pay Rs 25 lakh as interim compensation to the victim and provide security to the victim , her lawyer, mother and other relatives. The victim's lawyer Ramakrishna Reddy said the court has directed provision of CRPF security for the victim and her relatives.
"We have also considered the question of interim compensation to the victim, as an interim measure we direct the Uttar Pradesh government to pay Rs 25 lakh as compensation to the victim," ordered Gogoi.
"We also direct security and protection to the victim, her lawyer, mother of the victim, the four siblings of the victim, her uncle, and immediate family members in the village in Unnao," said CJI.
The lawyer said he had also sought transfer of the victim's relative from a jail in Uttar Pradesh to Delhi
Earlier in the day, the CJI ordered the CBI to present the status of the investigations after the agency was given charge of the probe into the accident and the FIR that included murder charges against rape accused and BJP MLA Kuldeep Sengar.
When the SG said the Investigating Officer was out of the station and sought time till tomorrow morning for the agency to submit a report, the CJI dismissed it asking CBI to depute some official who can gather the information over the phone and present it to the court.CBI Joint Director Sampat Meena, a woman officer, appeared before the bench and gave the status of the probe into the two cases.
On July 28, a truck rammed into the vehicle in which the Unnao rape survivor, her counsel and two aunts were travelling to Raebareli. While she and her lawyer sustained grievous injuries, her aunts were killed on the spot. The Unnao rape survivor and her lawyer, who is being treated at King George's Medical University are stable, the hospital said on Wednesday.
The Uttar Pradesh Police filed a case of murder against BJP MLA Kuldeep Singh Sengar and nine others in connection with the accident. Probe in the case was transferred to the Central Bureau of Investigation on Tuesday after which the CBI registered a case in connection with the rape survivor's accident in Raebareli.