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2d ago

Supreme Court Stays Delhi HC Bail for Kuldeep Sengar, Orders He Not Be Released

The stay preserves custody pending the court’s review of whether an MLA qualifies as a public servant under POCSO.

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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

  • Chief Justice Surya Kant’s bench stayed the December 23 Delhi High Court order suspending Sengar’s life term and clarified he shall not be released.
  • Notices were issued on the CBI’s challenge, with Sengar asked to respond within four weeks and the matter listed for further hearing next month.
  • The bench flagged substantial questions of law on POCSO’s aggravated offence provision, expressing concern over excluding MLAs from the meaning of public servant.
  • The CBI called the High Court’s reasoning perverse and contrary to law, arguing Sengar’s position as a sitting MLA placed him in authority over the minor.
  • Even before the stay, Sengar remained in jail due to a separate 10-year sentence in the custodial death case as protests in Delhi highlighted the survivor’s safety concerns.