New Delhi: The Supreme Court has delivered a major setback to former BJP MLA Kuldeep Singh Sengar, convicted in the 2017 Unnao rape case, by staying the Delhi High Court’s order that had granted him bail and suspended his life sentence. The apex court also directed that Sengar should not be released from custody.
Acting on a petition filed by the Central Bureau of Investigation, the Supreme Court issued notice to Sengar and asked him to file his response within four weeks. The court made it clear that the relief granted by the Delhi High Court would remain in abeyance until further orders.
During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, urged the court to stay the High Court’s decision, asserting that the state remains accountable to the victim. He argued that Sengar’s criminal conduct extended beyond the rape conviction, pointing out his involvement in the killing of the victim’s father and attacks on other individuals linked to the case.
In oral observations, the Chief Justice said the court was inclined to stay the High Court’s order for the time being. While reiterating the general principle that courts avoid curtailing personal liberty when an accused is already out on bail, the bench noted that the present case stood on a different footing as Sengar continues to remain in jail in connection with other cases.
Counsel appearing for Sengar opposed the stay, claiming that the matter had been subjected to a media trial. However, the Chief Justice observed that there was no immediate question of depriving the accused of personal liberty, as he was already incarcerated.
The CBI further contended that the Delhi High Court erred in holding that Sengar was not a public servant at the time of the offence. Tushar Mehta argued that as a sitting legislator, Sengar squarely fell within the definition of a public servant under the POCSO Act. He stressed that penetrative sexual assault committed by a public servant attracts stricter punishment under the law.
Describing the case as extremely grave, the CBI submitted that the trial court had convicted Sengar in two cases after finding the charges proved beyond reasonable doubt. It also cited Supreme Court precedents holding that elected representatives such as MPs and MLAs are public servants for the purposes of criminal law.
The Supreme Court will hear the matter further after Sengar submits his response to the notice.
