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2d ago

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

The bench will test whether a sitting MLA counts as a public servant under the POCSO Act after finding substantial questions of law in the CBI’s challenge.

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On December 23, the Delhi high court put Sengar’s jail sentence on hold.
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Overview

  • Chief Justice Surya Kant and Justices JK Maheshwari and AG Masih stayed the December 23 Delhi High Court order and issued notice to Sengar, seeking his reply in about four weeks.
  • Sengar will not be released pursuant to the High Court’s bail order and remains in custody because he is serving a separate 10-year sentence in the case linked to the survivor’s father’s death.
  • The CBI, backed by Solicitor General Tushar Mehta, argued that a sitting MLA exercises dominance and should be treated as a public servant or authority figure for aggravated offences under POCSO.
  • The Supreme Court noted the exceptional nature of suspending life sentences and recorded that substantial legal questions require consideration before any relief can operate.
  • Public protests and heightened security accompanied the hearing, with the survivor voicing safety concerns and activists challenging the High Court’s reasoning and bail decision.