The Supreme Court overturned the Delhi High Court’s decision to suspend the life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case. The apex court, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, partially granted the Central Bureau of Investigation’s plea against the high court’s order granting bail to Sengar during his appeal process.
The Supreme Court urged the Delhi High Court to expedite the decision on Sengar’s criminal appeal, preferably within three months. The court clarified that it was not passing judgment on the case’s merits at this stage and instructed the High Court to reconsider the suspension of sentence if the appeal faced delays.
During the hearing, Solicitor General Tushar Mehta argued that the High Court had erred in its interpretation of whether an MLA could be considered a “public servant” under the POCSO Act. The Supreme Court expressed disagreement with the High Court’s approach, emphasizing the importance of not excluding legislators from the Act’s provisions on technical grounds.
Senior advocate N. Hariharan, representing Sengar, contended that there was evidence suggesting the victim was not a minor during the incident, questioning the applicability of the POCSO Act. Hariharan also highlighted Sengar’s lengthy custody period and the need to address the issue of an MLA’s classification as a public servant.
