The Supreme Court on Monday stayed the Delhi High Court’s recent order granting bail to former BJP MLA Kuldeep Singh Sengar, who is serving a life sentence for the 2017 Unnao rape case. With this intervention, Sengar will continue to remain in judicial custody.
A bench headed by the Chief Justice of India, along with two other judges passed the interim order while hearing a petition filed by the Central Bureau of Investigation (CBI) which had challenged the High Court’s decision to suspend Sengar’s sentence and grant him conditional bail.
Why the Supreme Court intervened
The CBI argued that the Delhi High Court had committed serious legal errors particularly in its interpretation of provisions under the POCSO Act and the Indian Penal Code. The High Court had held that Sengar, despite being an elected legislator at the time of the crime, could not be treated as a “Public servant” for the purpose of applying enhanced punishment.
The Supreme Court observed that the matter raised important questions of law with wider implications and that allowing the bail order to operate could set an incorrect precedent. Consequently, the court stayed the High Court’s order until further hearing.
Current legal position
With the stay in place:
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Kuldeep Singh Sengar will not be released on bail
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His life sentence for rape remains in force
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He will continue to remain lodged in jail
The Supreme Court has issued notice to Sengar and granted him time to file his response to the CBI’s appeal.
Background of the case
The Unnao rape case dates back to 2017, when a minor girl accused Kuldeep Singh Sengar, then a sitting MLA from Uttar Pradesh of raping her. The case gained national attention due to alleged intimidation of the victim’s family the custodial death of her father and attempts to derail the investigation.
In December 2019, a special CBI court convicted Sengar of rape and sentenced him to life imprisonment. He was also convicted in a separate case related to the custodial death of the victim’s father and sentenced to additional prison terms.
Reaction
The survivor welcomed the Supreme Court’s decision, calling it a reaffirmation of faith in justice. Women’s rights activists and legal experts also described the order as a necessary step to uphold accountability in cases involving powerful offenders.
What happens next
The Supreme Court will hear the matter in detail after receiving responses from all parties. Until then, the High Court’s bail order will remain suspended and Sengar will stay behind bars.
