Unnao rape case: SC hints staying Delhi HC order suspending Sengar’s sentence
CJI Surya Kant-led Bench calls Sengar’s situation “peculiar”, may reconsider bail as he remains in custody in another case
The Supreme Court on Monday signalled a possible stay on the contentious Delhi High Court order that suspended the life sentence and granted bail to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case, a move that has reignited public outrage and legal scrutiny.
A three-judge Bench, led by Chief Justice of India Surya Kant and comprising Justices J.K. Maheshwari and Augustine George Masih, remarked that the situation was “peculiar,” noting that while bail orders are generally not stayed ex parte once granted, Sengar remains in custody in connection with another case, leaving room for judicial reconsideration.
Hearing the Central Bureau of Investigation’s plea challenging the 23 December order, solicitor general Tushar Mehta highlighted the gravity of the offence, pointing out that the survivor was only 15 years and 10 months old at the time of the crime. He contended that the Delhi High Court erred in interpreting the law, asserting that Sengar, as a legislator at the time, could not be excluded from the category of “public servant” for sentencing purposes.
S.G. Mehta further stressed that Sengar continues to serve a separate 10-year sentence related to the death of the survivor’s father in 2018, underscoring the ongoing risk and the moral imperative to consider the child victim’s welfare in the apex court’s deliberations.
The Delhi High Court’s bail order had sparked protests from the survivor’s family and women’s rights activists, who argued that it sent a dangerously misleading message regarding accountability for crimes against women.
Sengar, who had been convicted in December 2019 by the trial court for kidnapping and raping a minor, was sentenced to life imprisonment along with a Rs 25 lakh fine. The Supreme Court had earlier transferred all related cases from Uttar Pradesh to Delhi, directing day-to-day trial proceedings to ensure swift justice.
The 23 December high court order, which suspended Sengar’s sentence during the pendency of his appeal, remains under intense judicial scrutiny, as the apex court weighs both legal precedent and moral responsibility in a case that has gripped the nation.
With IANS inputs