New Delhi, April 20 (IANS) The Supreme Court on Friday asked an advocate, who alleged that FIRs were not registered by police in rape cases which involve powerful politicians, if he had “any relative who was raped”.
Expressing their annoyance, a bench of Justice S.A. Bobde and Justice L. Nageswara Rao said: “You have nothing to do with these rapes. How are you related to these rapes? Don’t be generic. Is any relative of a victim of rape before us for remedy? Do you have any relative who was raped? Then why are you here?”
Advocate Manohar Lal Sharma had filed plea for a Central Bureau of Investigation probe into the Unnao gangrape case allegedly involving a Bharatiya Janata Party lawmaker from Uttar Pradesh, and kept pressing the issue despite Allahabad High Court dealing with the issue.
The apex court said Allahabad High Court had already passed some directions on the issue, also advocate was not the aggrieved person in the case and questioned his locus standi in the Unnao rape case.
During the hearing, the bench said if Sharma wants he may move the High Court which has the jurisdiction of the case in case, but it can not entertain his plea.
“The Allahabad High Court has already passed some orders in the case. Mr Sharma you are not an aggrieved person in the case. There cannot be a PIL in a criminal case,” the bench said.
At the outset, Sharma alleged that in several rape cases involving former ministers or MLAs, no FIR were lodged by the police, wherever powerful people were involved.
Sharma had filed the PIL seeking the court’s direction to the CBI to probe the alleged kidnapping and rape of the girl in July 2017 by Unnao MLA Kuldeep Singh Senger and others and custodial death of her father on April 9.
He also sought Rs 3 crore compensation and protection to the family of the girl.
Sharma said the case must be handed over to the CBI for a “fair investigation and prosecution”.
The High Court had directed the CBI to carry out the investigations strictly in accordance with the law.
The girl tried to set herself on fire outside the Chief Minister’s residence, claiming inaction. Her father was picked up by police and allegedly roughed up by MLA’s brother Atul Singh and his aides after which he died.