New Delhi: The Supreme Court of India intervened on Friday in the high-profile Unnao rape case, setting aside a controversial Delhi High Court order that had suspended the life imprisonment of former legislator Kuldeep Singh Sengar. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the High Court to revisit the matter and arrive at a fresh decision regarding Sengar’s plea. The top court further instructed that the High Court should make every endeavour to resolve the main appeal against the conviction and sentencing within a two-month timeframe. If a final resolution on the main appeal proves impossible within that period, the Supreme Court mandated that a new order on the suspension of the life term be issued before the commencement of the summer vacation.
This judicial move follows significant public outcry and legal challenges from the Central Bureau of Investigation after the High Court’s earlier decision to grant Sengar bail. While the Supreme Court clarified that it was not expressing a formal opinion on the specific merits of the case, it emphasized the necessity for a thorough judicial re-evaluation of the circumstances. A central point of contention for the Delhi High Court to resolve involves the legal classification of a Member of the Legislative Assembly. The Chief Justice has specifically requested a fresh determination on whether an MLA should be classified as a public servant for the purposes of prosecution under the Protection of Children from Sexual Offences Act.
Previously, the High Court had suggested that while Sengar was convicted under provisions related to aggravated penetrative sexual assault by a public servant, an elected representative might not strictly fit the definition provided under Section 21 of the Indian Penal Code. Sengar has currently served more than seven years in prison, a factor that the High Court had originally cited when it opted to suspend his jail term during the pendency of his appeal. However, that decision was met with immediate resistance from the victim’s family and social activists, leading to the Supreme Court’s intervention in late 2025. With this latest ruling, the stay on Sengar’s release remains effective as the legal proceedings return to the High Court for an expedited review.
