Daijiworld Media Network - New Delhi
New Delhi, Dec 29: The Supreme Court on Monday put on hold a Delhi High Court ruling that had suspended the life sentence of former Bharatiya Janata Party leader Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case.
A three-judge Bench headed by Chief Justice of India Surya Kant said that although higher courts generally avoid staying release orders without hearing the affected individual, the present matter involved exceptional circumstances. The Bench noted that Sengar stands convicted in another serious criminal case as well, warranting immediate intervention. Accordingly, the operation of the Delhi High Court’s order was stayed.
The Bench, which also included Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar on a petition filed by the Central Bureau of Investigation (CBI) and directed him to submit his response within four weeks. The court made it clear that Sengar would remain in custody and would not be released on the basis of the High Court’s decision.
The Supreme Court also agreed to examine the Centre’s contention that the Delhi High Court had wrongly interpreted the definition of “public servant” under the Protection of Children from Sexual Offences (POCSO) Act. Solicitor General Tushar Mehta argued that the High Court’s view could lead to an anomalous situation where a police constable is treated as a public servant under the law, but an elected legislator is not.
Representing the CBI, the Solicitor General submitted that the High Court had erred in holding that a legislator does not fall within the category of a public servant for the purpose of sentencing. He further pointed out that the victim was below 16 years of age—around 15 years and 10 months—when the offence took place.
The Centre also emphasized that Sengar cannot be released in any case, as he is currently serving a separate 10-year sentence linked to the death of the survivor’s father in 2018. Urging the court to consider the broader impact of the High Court order, the Solicitor General appealed for a stay in the interest of justice and the survivor.
In its order, the Supreme Court observed that the survivor is free to approach the apex court independently, if necessary, and assured that legal assistance would be provided through the Supreme Court Legal Services Committee.
The controversy arose after a Division Bench of the Delhi High Court, on December 23, suspended Sengar’s life sentence and granted him conditional bail while his appeal was pending. The decision sparked strong reactions from the survivor’s family and women’s rights groups, who said it undermined public confidence in the justice system and sent a troubling signal regarding crimes against women.
Sengar was convicted in December 2019 for kidnapping and raping a minor and was sentenced to imprisonment for the remainder of his natural life, along with a fine of Rs 25 lac. Earlier, the Supreme Court had transferred all cases related to the Unnao incident from Uttar Pradesh to Delhi and ordered a day-to-day trial to ensure speedy justice.