On Friday, the Supreme Court of India’s rule gave a spectacular blow to former BJP MLA Kuldeep Singh Sengar by quashing Delhi High Court order which had stayed his life sentence in the 2017 high profile Unnao rape case. It restored the punishment related to the conviction in rape case and directed High Court to re-examine the case afresh.
A bench with Chief Justice Surya Kant and Justice Joymalya Bagchi partially granted the appeal filed by the Central Bureau of Investigation (CBI) in challenging the contentious order of the Delhi High Court.
Why did Supreme Court intervene in this case?
Apex court took the issue with Delhi High Court’s conclusion that Sengar who was an MLA at the time of the crime could not be considered a “public servant” under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Justice Joymalya Bagchi said the apex court was not in agreement with the “hyper-technical conclusion” of the High Court. However, the Supreme Court also said that the apex court was giving no opinion on the merits of the appeal filed by Sengar to quash his conviction.
The court directed the Delhi High Court to either dispose of the main appeal within three months or pass a new order on the plea to stay the sentence.
What was the contentious ruling of the Delhi High Court?
Last month, the Delhi High Court stayed Sengar’s life sentence and granted him bail while hearing his appeal. The High Court held that the provisions relating to aggravated rape under POCSO and Section 376(2) of the IPC did not apply as Sengar was not a “public servant”.
The High Court had also observed that Sengar had already faced more than seven years of jail, which was “more than the minimum sentence” required by law.
After the High Court order, Sengar was released on conditional bail with restrictions on leaving Delhi and approaching the survivor.
Why is CBI challenging Sengar’s bail?
CBI has seriously challenged the High Court order, contending that it dilutes the protective purpose of the POCSO Act. The agency said the law should be interpreted in a manner that strengthens the protective measures for children rather than constricting them through technical interpretations. The probe agency also argued that long jailing alone cannot justify the suspension of a life jail term in a serious crime such as rape of a minor.
CBI further highlighted concerns about the safety of the survivor and public trust in the justice system, citing Sengar’s influence and past cases of intimidation.
Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao district, Uttar Pradesh. The incident saw nationwide outrage and protests when the survivor and her family said they had faced harassment and threats of attacks through the former legislator and his associates. He is also serving a separate 10-year sentence for the custodial death of the survivor’s father.
