Unnao rape case: SC stays Delhi HC order suspending Sengar's life sentence

The Supreme Court of India on Monday, 29 December stayed a Delhi High Court order that had suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar in the politically explosive 2017 Unnao rape case, effectively blocking his release from prison.

A vacation bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George Masih also issued notice to Sengar, seeking his response to a petition filed by the Central Bureau of Investigation challenging the high court’s decision. Appearing for the CBI, solicitor-general Tushar Mehta urged the court to immediately stay the order, warning that it raised serious legal and public interest concerns.

The bench agreed, observing that “substantial questions of law” arose in the matter and that the issue required closer scrutiny. It directed that Sengar be not released from custody pursuant to the high court’s 23 December order and listed the case for hearing after four weeks.

The Delhi High Court had earlier suspended Sengar’s life sentence on the ground that he had already spent seven years and five months in jail, pending the disposal of his appeal against conviction. Sengar is challenging a December 2019 trial court verdict that found him guilty of raping a minor girl in Unnao, Uttar Pradesh, and sentenced him to imprisonment for life.

However, the 23 December order had not resulted in his immediate release, as Sengar is also serving a 10-year sentence in connection with the custodial death of the victim’s father, a case in which he has not been granted bail.

The Unnao rape case became one of the most disturbing symbols of alleged political impunity in recent years. The survivor had accused Sengar, then a powerful BJP MLA, of raping her in 2017 and alleged sustained harassment and intimidation after she sought police action. Public outrage intensified after her father died in police custody in 2018, days after being arrested in what the family described as a retaliatory move.

Anger spilled onto the streets and social media again in July 2019, when the survivor and her lawyer were critically injured after a truck rammed into their car in Uttar Pradesh, killing two of her aunts. The incident triggered nationwide protests, fierce criticism of the state administration, and renewed scrutiny of the ruling BJP, which expelled Sengar amid mounting pressure.

Amid the uproar, the Supreme Court intervened decisively, transferring the rape case and related proceedings from Uttar Pradesh to Delhi on 1 August 2019, citing concerns over the safety of the survivor and the fairness of the trial. The apex court also monitored aspects of the investigation and trial, underscoring the case’s exceptional gravity.

Monday’s order staying the suspension of Sengar’s sentence is likely to be seen as a reaffirmation of that stance, particularly against the backdrop of public anger that flared anew following the high court’s decision.

With PTI inputs