He was arrested after over 15 hours of questioning by the CBI. The bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it would hear the plea which has also alleged that the rape victim's father was tortured and killed in the police custody at the behest of the "ruling party" in the state. It also asked the advocate general or one of the additional advocate generals to remain present during the course of hearing to apprise the court about the case and action being taken by the state government.
Chaturvedi had said that SIT headed by senior police officers conducted a preliminary investigation and then filed a report after which FIR was registered and still the state government wanted to conduct further investigation before arresting the accused MLA. 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.
A Special Investigation Team (SIT) was also formed on Tuesday to investigate the case after the father of the girl died on Monday morning at the district hospital.
The minor girl had alleged that she was raped by Kuldeep Singh Sengar, the BJP legislator from Unnao, and his brother a year ago, but the police refused to take any action against them.
Sengar had been moving around freely, denying the accusations, making disparaging comments about the girl and her family and hitting out at the media in the Unnao rape case. Since the murder charge was added later by the police, it does not reflect in the central probe agency's FIR.
Following that the victim's father was taken into the custody on March 8.
The court gave the direction to CBI after state government's counsel informed it that Sengar had been detained for interrogation and not arrested yet.
Rape cases: Congress to hold candlelight march across Delhi
The PM had given a slogan " beti Padhao, beti bachao " and it's in his regime that our girls are being raped. Nirbhaya's parents were also present at the mid-night protest on Thursday night.
Ordering Kuldeep Singh Sengar's immediate arrest today, the court rejected the contention. I have lost my father.
"I want strict action should be taken against him (Sengar) and he should be given severe punishment", the girl told new agency ANI on Friday.
She said the legislator should be immediately arrested as with his links he can influence the probe.
On Wednesday night, Sengar made a dramatic appearance outside the house of the police chief in Lucknow, in a convoy of 20 vehicles.
Prominent women leaders who were arrested were former MP Annu Tandon, MLAs Aradhana Mishra and Aditi Singh along with several other UP Congress mahila morcha activits and NSUI members.
Sengar said he had gone to the police to prove wrong the reports of him surrendering before the police and also those of him going into hiding.