By | Gitanjali Thorat | PR Desk
New Delhi : The Supreme Court of India on Monday stayed the Delhi High Court’s order suspending the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar, convicted in the 2017 Unnao rape case. With this interim relief, the apex court has ensured that Sengar will continue to remain in jail while his appeal is examined.
The stay comes on a petition filed by the Central Bureau of Investigation (CBI), which challenged the High Court’s decision to grant bail and suspend the sentence pending appeal.
Background: The Unnao Rape Case
The case dates back to 2017, when a minor girl accused Kuldeep Sengar, then a sitting BJP MLA, of rape. In December 2019, a Delhi court convicted him and sentenced him to life imprisonment.
In 2020, he was also convicted for the custodial death of the victim’s father. The case drew national and international attention due to allegations of political influence, intimidation, and systemic failure.
What the Supreme Court Ordered
A Supreme Court bench issued an interim stay on the Delhi High Court’s December 23 order and issued notice to Kuldeep Sengar, granting him four weeks to file his response.
The apex court observed that the High Court’s reasoning raised serious and substantial questions of law, warranting immediate intervention. Until the matter is heard in detail, the High Court’s order will not be implemented.
Why the Delhi High Court Order Was Challenged
The Delhi High Court had suspended Sengar’s life sentence primarily on two grounds:
•He has already spent over seven years in prison
•The court raised doubts over whether an elected MLA qualifies as a “public servant” under aggravated offence provisions of the POCSO Act
This interpretation triggered widespread criticism, with the CBI arguing that such reasoning could weaken statutory safeguards meant to protect victims of sexual violence.
Supreme Court Flags Legal Concerns
The Supreme Court expressed concern that the High Court’s interpretation could create dangerous legal inconsistencies, where lower-level government employees might be treated as public servants under criminal law, but elected legislators might not.
The bench also noted that even if the rape sentence were temporarily suspended, Sengar is separately serving a 10-year sentence in the custodial death case of the victim’s father — a factor overlooked in the High Court order.
Survivor Welcomes Supreme Court Intervention
The Unnao rape survivor welcomed the Supreme Court’s stay, calling it a step toward justice. She reiterated her resolve to pursue the case to its legal conclusion and seek the maximum punishment permissible under law.
Victim rights advocates have also welcomed the decision, stating that it restores confidence in the judicial process.
