SC notice to UP govt on judicial probe in Banda rape case

NEW DELHI: The Supreme Court on Friday issued notice to Mayawati-led UP government on the plea seeking a judicial probe into the alleged rape of a Dalit girl in Banda by the ruling BSP MLA Purushottam Naresh Dwivedi.

A bench comprising Justice Aftab Alam and Justice RM Lodha also sought response from the Central Bureau of Investigation (CBI) on a PIL filed by advocate Raja Ram.

The petitioner advocate told the court that the authorities had committed a grave error by foisting false cases against the victim, who was a minor and was entitled to protection under the provisions of the Juvenile Justice Act.

The magistrate, in violation of the JJ Act, had sent the victim, a Dalit girl, to jail while she should have been sent to a juvenile care centre, submitted the petitioner. “A magistrate is not empowered under the Act to try the case of a juvenile. The magistrate, who had the theft case filed against the juvenile, had to follow the Act regarding grant of bail of juvenile,” PIL said.

It further alleged that the state police and judicial officers were trying to shield the ruling party MLA.

“Initiate enquiry as to how the local police and the judiciary remanded an alleged juvenile in conflict with law to jail instead of producing her before the competent authority as per the Juvenile Justice Act,” the petition said.

The Dalit girl was allegedly raped by Dwivedi in Banda on December 10 and 11. The girl had escaped from his residence on December 12 when the MLA allegedly attempted to rape her again. The girl, however, was arrested in connection with an allegedly false case of theft lodged by the legislator’s brother against her.

48-year-old Dwivedi was later arrested from Banda. The apex court had on January 17 agreed to consider a plea for a judicial enquiry into the alleged rape case.