New Delhi: The Supreme Court of India on Monday deferred to the first week of May the hearing on a petition filed by the Central Bureau of Investigation challenging the suspension of life imprisonment of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
A bench comprising Chief Justice Sura Kant and Justice Joymalya Bagchi said the matter would be taken up after the conclusion of hearings by a nine-judge bench on the Sabarimala review proceedings.
During the hearing, senior advocate Mukul Rohatgi, appearing for Sengar, raised concerns over delays in a related case pending before the Delhi High Court involving the alleged custodial death of the victim’s father. He argued that Sengar, who has been awarded a 10-year sentence in that case, should be considered for bail as the term is nearing completion.
Opposing the claim, the victim’s counsel Mehmood Pracha said only one adjournment had been sought in the High Court. The Chief Justice noted assurances from both sides that no further delays would be sought in the proceedings there.
Earlier, on December 29, the apex court had stayed a Delhi High Court order that suspended Sengar’s life sentence in the rape case, directing that he should not be released from custody. The court had observed that “substantial questions of law” had arisen, warranting detailed examination.
The controversy stems from a December 23, 2025 order of the Delhi High Court, which held that an elected representative may not fall under the definition of a “public servant” under Section 21 of the IPC in the context of the POCSO Act, and granted suspension of Sengar’s sentence pending appeal.
The CBI has challenged this interpretation, arguing that public representatives such as MLAs should be treated as public servants, citing precedent from earlier rulings.
The case continues to draw attention due to its legal complexities and broader implications on the interpretation of public office under criminal law.
