The Supreme Court has put on hold the Delhi High Court’s decision to release expelled BJP leader Kuldeep Singh Sengar on bail in the 2017 Unnao rape case. The apex court, led by Chief Justice of India Surya Kant, stayed the high court’s order due to Sengar’s separate conviction in another case. Sengar will remain in custody as the court examines the Central Bureau of Investigation’s plea.
A three-judge Bench, including Justices J.K. Maheshwari and Augustine George Masih, issued a notice to Sengar, requiring a response within four weeks. The Supreme Court clarified that Sengar will not be freed based on the Delhi High Court’s ruling. Solicitor General Tushar Mehta argued that the high court’s interpretation could have far-reaching implications under the POCSO Act.
Mehta contended that the high court’s decision regarding the definition of a “public servant” could set a problematic precedent. Sengar, already serving a 10-year sentence for the survivor’s father’s murder, faces additional legal challenges. The court emphasized that the survivor could file a separate petition if needed, with legal aid available.
Earlier, the Delhi High Court had granted Sengar bail and suspended his life sentence pending appeal, sparking public outcry. Sengar had been convicted in 2019 for kidnapping and raping a minor, receiving a life sentence and a hefty fine. The Supreme Court had transferred all related cases to Delhi for expedited trial proceedings.
