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2d ago

Supreme Court Halts Delhi HC Bail for Kuldeep Sengar in Unnao Rape Case

The court will examine whether MLAs qualify as public servants under POCSO following the CBI’s appeal.

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Hearing a plea filed by the Central Bureau of Investigation (CBI) challenging the high court’s decision, the apex court issued notice to Sengar.

Overview

  • A CJI Surya Kant-led bench stayed the December 23 Delhi High Court order that paused Sengar’s life term and granted conditional bail, directing that he not be released under that order.
  • The bench issued notice to Sengar, sought his reply within four weeks, and listed the matter for hearing in the last week of January.
  • Justices flagged concern that excluding lawmakers from the ‘public servant’ category could blunt aggravated POCSO provisions meant for persons in authority.
  • The Delhi High Court had cited over seven years already served and held that Sengar, then an MLA, did not fall under aggravated POCSO or the related IPC provision.
  • Demonstrations continued in Delhi as the survivor raised safety concerns, and Sengar remains jailed in a separate 10-year sentence for the custodial death of her father.