ibn sultan
New Delhi : The Supreme Court on Monday stayed the Delhi High Court’s order that had suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail during the pendency of his appeal in the Unnao rape case.
A bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice A.G. Masih passed the order while issuing notice on petitions challenging the High Court’s decision. The pleas were filed by the Central Bureau of Investigation (CBI) and advocates Anjale Patel and Pooja Shilpkar.
While staying the High Court order, the Supreme Court clarified that although it generally does not stay bail orders without hearing the accused, Sengar would not be released as he continues to remain in custody in a separate case relating to the culpable homicide of the survivor’s father under Section 304 Part II of the IPC.
The Court observed that substantial questions of law arise for consideration, particularly on the interpretation of the term “public servant” under the Protection of Children from Sexual Offences (POCSO) Act. It also noted that the victim has a statutory right to file a separate Special Leave Petition (SLP) and may avail free legal aid through the Supreme Court Legal Services Committee if required.
Solicitor General Tushar Mehta, appearing for the CBI, argued that the Delhi High Court erred in holding that aggravated offence provisions under the POCSO Act were not applicable. He submitted that the Act focuses on abuse of dominance over a child and that Sengar, being a powerful MLA at the relevant time, clearly exercised such dominance. The CBI maintained that POCSO is a special welfare legislation and must be interpreted purposively to strengthen child protection.
Senior advocates appearing for Sengar opposed the CBI’s submissions, contending that an MLA cannot be treated as a “public servant” for the purposes of aggravated offences under POCSO and that penal statutes cannot import definitions unless expressly provided by law.
Expressing concern, the Chief Justice remarked that excluding MPs and MLAs from the definition of public servant would lead to an anomalous situation where lower-level officials are covered but elected representatives are not. The Bench also noted that the High Court had not examined the applicability of Section 376(2)(i) IPC, which deals with rape of a minor and was in force at the time of the offence.
Granting four weeks for filing a counter affidavit, the Supreme Court stayed the operation of the Delhi High Court’s order and held that the matter requires detailed consideration.
Kuldeep Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao, Uttar Pradesh, and was sentenced to life imprisonment. He is also serving a 10-year sentence in a separate case related to the death of the survivor’s father. The case had sparked nationwide outrage and raised serious concerns over victim safety and abuse of political power.
