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2d ago

Supreme Court Stays Delhi HC Bail Order for Kuldeep Sengar, Keeps Ex-MLA in Custody

The top court paused the high court’s relief to enable a full review of whether an elected MLA qualifies as a POCSO ‘public servant’.

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The court also noted the “peculiar” circumstance as Sengar was already in jail after being convicted in the conspiracy to murder the survivor’s father in police custody.
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Overview

  • A vacation bench led by Chief Justice Surya Kant stayed the Delhi High Court’s December 23 order that had suspended Sengar’s life sentence and granted him conditional bail.
  • The court directed that Sengar shall not be released, noting he remains incarcerated for a separate 10-year sentence in the custodial-death case of the survivor’s father.
  • Notice was issued to Sengar to file a response, and the case has been posted for a further hearing in the last week of January.
  • The bench questioned the high court’s view that an MLA is not a ‘public servant’ under POCSO, warning that such an interpretation could shield lawmakers from aggravated penalties.
  • The Delhi High Court’s order had prompted protests in Delhi; the survivor welcomed the Supreme Court’s intervention and reiterated requests for protection.