NEW DELHI — The Supreme Court of India on Monday, March 9, 2026, formally permitted the Unnao rape survivor to participate as a party in the legal proceedings challenging the suspension of former BJP MLA Kuldeep Singh Sengar’s life imprisonment. A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi ruled that the victim has an inherent “right to be heard,” citing the landmark Lakhimpur Kheri precedent which entitles victims to participate in proceedings that directly affect their interests.
The court has granted the survivor two weeks to file an affidavit opposing Sengar’s release. However, the bench rejected an intervention application from a relative of the survivor who alleged threats to his life, advising him to seek independent protection through the High Court instead of intervening in the CBI’s petition. The matter was not heard on its merits on Monday as Solicitor General Tushar Mehta, representing the CBI, was unavailable.
The Legal Dispute: Is an MLA a “Public Servant”?
The core of the current legal battle stems from a contentious December 23, 2025, order by the Delhi High Court. The High Court had suspended Sengar’s life sentence on the grounds that he had already served over seven years and that, as an elected representative, he allegedly did not fit the definition of a “public servant” under Section 21 of the IPC—a classification required for conviction under Section 5(C) of the POCSO Act (aggravated penetrative sexual assault by a public servant).
The CBI has vehemently challenged this interpretation, raising the following points in the Supreme Court:
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The Advani Precedent: The CBI cited the L.K. Advani case, where the apex court previously held that MPs and MLAs holding public office are indeed “public servants.”
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Gravity of Offence: Solicitor General Mehta described the case as a “horrific rape” of a minor, arguing that the High Court’s order was fundamentally flawed.
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Stay of Release: On December 29, the Supreme Court had already stayed the High Court’s order, ensuring Sengar remained in custody while these “substantial questions of law” are resolved.
Kuldeep Singh Sengar was convicted in 2019 for the 2017 rape of a minor in Unnao and is also serving a 10-year sentence for the custodial death of the victim’s father. While his counsel argued for an early hearing, claiming his client’s “liberty” had been unfairly curtailed, the Chief Justice noted that a final hearing date would be fixed shortly. The case continues to be a focal point for activists and legal experts monitoring the interpretation of POCSO laws and the accountability of political figures.
