The government told the court that till now sufficient evidence regarding Kuldeep Singh Sengar's involvement in the Unnao gangrape case could not be found and the MLA will be arrested if enough evidence against him is found.
The Uttar Pradesh police have registered an FIR against Sengar. The FIR was lodged hours after the government said it would hand the probe over to the CBI.
Now the question arises why the Uttar Pradesh government is not arresting Kuldeep Sengar? Moreover, in a presser, the Uttar Pradesh Director General of Police (DGP) O P Singh has addressed the rape accused legislator as "Mananiya Vidhayak JI" (Honourable MLA).
Sources say behind this is the political clout of Kuldeep Sengar and the Legislative Assembly elections, which are scheduled to be held later this month.
Sengar was elected to Uttar Pradesh Assembly for the fourth time in 2017. He had twice represented the Samajwadi Party in the House and was once elected on the BSP's ticket. Sengar used to be a close confidant of Rajya Sabha MP Amar Singh. Now he is in the camp of Raja Bhaiya alias Raghuraj Pratap Singh, an independent MLA from UP's Kunda constituency. Sengar's brother-in-law Shailu is also a BJP MLA and considered close to chief minister Yogi Adityanath.
Sources say BSP MLA Anil Singh, who also hails from Unnao, voted for BJP in the Rajya Sabha election because of Sengar. BJP MLA Abhijeet Singh Sanga, represents the Bithoor assembly constituency, is also a close aide of Sengar. Apart from these, four other MLA's are considered to be in the rape-accused MLA's 'team'.
Elections to the Legislative Council of Uttar Pradesh are scheduled to be held on April 26. According to the number of MLAs, the BJP can win 11 seats. The BSP, the SP and the Congress together can choose 2 MLCs. A member of the Legislative Council needs 29 votes to win. Accordingly, BJP has got 319 votes, which are enough for 11 seats.
Sources say Sengar's camp has at least eight to ten MLAs. That is why the BJP is not in the mood to upset him.
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