Unnao case: SC stay a breather but fear still shadows survivor, says lawyer

“This is not a victory. It is just a small chance for the victim and her family to breathe.”

The Unnao rape survivor’s lawyer Mehmood Pracha used these words to describe the fragile relief felt by the victim and her family after the Supreme Court stayed a Delhi High Court order granting bail to the convict and former BJP MLA Kuldeep Sengar, underscoring that years after the crime, fear and insecurity continue to define their lives.

Speaking to the media, the lawyer said the survivor and her family had lived under constant threat, with their safety a daily concern. “The girl and her family used to ask me every day whether they would be alive in the next five minutes,” he said, adding that even now, the relief was minimal and temporary. “At least now I can tell them that you have received a very small relief. But this should not be called a victory. This is not a victory.”

The survivor herself echoed this sentiment, expressing satisfaction over the Supreme Court’s intervention but stressing that her struggle for justice is far from over. “I am very happy with this decision. I have got justice from the Supreme Court. I have been raising my voice for justice from the very beginning,” she told PTI over the phone from Delhi.

She made it clear that her resolve remains unshaken. “I will not rest until he (Sengar) is hanged. I will keep fighting. Only then will my family and I get justice. We receive threats even today,” she said.

Her family members also spoke of the deep scars left by the case. The survivor’s sister said the accused had destroyed their family. “He is a monster. First, he raped my sister and later destroyed the entire family. I am satisfied today. His bail should remain rejected,” she said, adding that the family would continue to pursue the case relentlessly.

The survivor’s mother thanked the apex court but said those responsible for the custodial death of her husband should receive the death sentence.

Pracha, however, voiced serious concerns over the conduct of the CBI (Central Bureau of Investigation), alleging that it failed to press the strongest arguments while opposing the suspension of sentence. “The stand taken by the CBI was exactly what we feared. They argued on very limited points and did not even touch our strongest grounds, which are clearly recorded in the judgment itself,” he said.

He further alleged that the agency neither consulted the survivor nor made her a party to its submissions, despite the fact that written submissions had already been filed in the high court. “They did not consult us so that we could try to strengthen their petition. They did not even make us a party. There was an attempt to ensure that we did not get a copy of their SLP till the last moment,” he said.

Criticising the Delhi High Court’s earlier order suspending Sengar’s life sentence, the lawyer said the judgment showed extraordinary leniency towards a person who wielded dominance and control. “The judgment itself records that Kuldeep Singh Sengar held a panchayat and told people that he would decide whether a case would be filed or not. Yet we were not even given a chance to argue this,” he said.

It was against this backdrop that the Supreme Court stayed the Delhi High Court’s 23 December order suspending Sengar’s life sentence in the 2017 rape case. A vacation bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George Masih said the matter required consideration and directed that Sengar shall not be released from custody.

Sengar, currently expelled from the BJP, continues to remain in jail as he is also serving a separate 10-year sentence in the custodial death case of the survivor’s father. The rape case and related matters were transferred from Uttar Pradesh to Delhi on the Supreme Court’s directions in August 2019.

For the survivor and her family, however, the legal battle is not just about court orders — it is about survival, dignity and the long road to justice.

With PTI inputs