Custodial death case: SC refuses relief to Sengar, urges Delhi HC to fast-track hearing
CJI Surya Kant-led Bench notes that Sengar’s appeal against his conviction and 10-year sentence is listed before the Delhi HC on 11 February
The Supreme Court on Monday refused to interfere with the Delhi High Court’s decision declining to suspend the sentence of expelled BJP leader Kuldeep Singh Sengar in the custodial death case of the Unnao rape survivor’s father.
A Bench headed by Chief Justice of India Surya Kant noted that Sengar’s criminal appeal against his conviction and 10-year sentence is already listed before the Delhi High Court on 11 February. Observing that the matter is ripe for consideration, the Bench said the High Court could be requested to take up the appeal on an out-of-turn basis and decide it on merits.
The Bench, which also included Justices Joymalya Bagchi and N.V. Anjaria, was informed that the victim’s side has filed a separate appeal challenging the trial court’s judgment, particularly on the quantum of sentence. The Supreme Court, however, clarified that since the Delhi High Court’s order refusing suspension of sentence made no reference to the victim’s appeal, it was expressing no opinion on that aspect.
Taking into account the overall circumstances, the CJI Surya Kant-led Bench requested the Delhi High Court to first take up Sengar’s appeal within a week and endeavour to dispose of it as expeditiously as possible, preferably within three months. The court further observed that if the complainant’s appeal or any other connected matters are found to be maintainable, it would be in the interest of justice for all such appeals to be heard and decided together.
The apex court added that if hearing all connected matters together requires a change in the composition of the high court Bench, the chief justice of the Delhi High Court may pass appropriate administrative orders.
Earlier, the Delhi High Court had rejected Sengar’s second plea seeking suspension of sentence and grant of bail, citing the gravity of the offence, his criminal antecedents and the absence of any new circumstances warranting relief.
In his special leave petition before the Supreme Court, Sengar argued that he had already spent over seven years and seven months in custody and pointed out that some co-accused had been granted bail after suspension of sentence.
Sengar was convicted by a Delhi court in March 2020 for conspiring in the custodial death of the rape survivor’s father and sentenced to 10 years of rigorous imprisonment. The case stems from an incident in April 2018, when the father of the minor rape victim was allegedly assaulted by Sengar’s associates in Unnao. He was arrested the following day on charges of illegal possession of arms and later died in police custody due to multiple injuries.
With IANS inputs