The state's advocate general Raghavendra Singh had presented a similar argument in the court on Thursday.
The rape victim's father had died on April 9 in judicial custody after his 18-year-old daughter accused the MLA, his brother and his aides of raping her. "The whole family is going through a mental trauma", claimed Sengar's wife and added: "Till now not even a single evidence of my husband's involvement in the rape has been produced and ironically he has already been declared a rapist", she asserted. Facing heat and growing outrage over the case, the Yogi Adityanath government on late Wednesday night had made a decision to hand over to the CBI the probe into the Unnao rape case.
The bench of Chief Justice DB Bhosale and Justice Sunit Kumar also said that it will monitor the probe in the rape case, further directing that the MLA should be arrested and not just detained.
On Thursday, police lodged an FIR against Sengar in connection with the alleged gangrape after the UP government chose to hand over the probe to the CBI.
Acting on this information, the court directed the CBI to investigate the case strictly and consider the filing of an application for cancellation of bail granted to other accused in the rape case.
A Special Investigation Team, investigating the case, had submitted its report to the government Wednesday evening.
The High Court also rapped the chief minister Yogi Adityanath government saying that it was "directly in league and under influence of the MLA" which delayed the arrest of Sengar. Meanwhile, the Allahabad High Court (HC) has taken a suo moto cognisance of the incident. I believe the CBI would have arrested the MLA also.
The court was told that three people, including the brother of the MLA, had been arrested.
The UP police had earlier informed that they won't arrest the BJP lawmaker as the Central Bureau of Investigation (CBI) is probing the case. He has been charged under the stringent POCSO Act and sections of the Indian Penal Code that deals with rape, which are sections 363 (kidnapping), 366 (abduction of woman), 376 (rape), 506 (criminal intimidation) and Protection of Children from Sexual Offences (POCSO) Act.
According to Mr Chaturvedi, the SIT conducted preliminary investigation and then filed a report after which an FIR was registered and still the state government wants to conduct further probe before arresting the accused lawmaker. The state government also ordered the handing over of the twin cases of rape and the custodial death of the victim's father to the CBI.
The alleged rape case came into the limelight after the victim tried to immolate herself outside Chief Minister Yogi Adityanath's residence on Sunday, alleging police inaction against the BJP MLA.