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Supreme Court Stays Delhi HC Order Suspending Kuldeep Sengar’s Life Term in Unnao Case

The top court paused the bail order to examine whether the POCSO Act treats elected MLAs as public servants.

Overview

  • The Supreme Court stayed the Delhi High Court’s December 23 order and directed that Kuldeep Singh Sengar shall not be released from custody.
  • The bench issued notice to Sengar on the CBI’s challenge, sought his response within four weeks, and listed the case for further hearing in late January.
  • Invoking “peculiar facts,” the court noted stays are rarely granted without hearing a released convict but emphasized Sengar remains jailed for a separate 10-year sentence in the custodial death case.
  • The judges flagged substantial legal questions, warning that excluding legislators from the ‘public servant’ category under POCSO could let MLAs or MPs avoid aggravated punishment.
  • The survivor welcomed the stay as activists rallied in Delhi, with reported allegations of bribery and intimidation adding pressure around the proceedings.