Unnao Rape Case: Supreme Court stays Delhi HC order; Sengar will remain in jail

SC stays Delhi HC verdict; Senger to remain in jail

New Delhi: The Supreme Court on Monday stayed the operation of the Delhi High Court order and said that Sengar shall not be released from jail.

The Supreme Court on Monday began hearing the CBI challenging the Delhi High Court order suspending the life sentence of expelled BJP MLA Kuldeep Singh Sengar in the Unnao rape case.

A bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari, and Justice A.G. Masih passed the order while issuing notice on petitions challenging the Delhi High Court’s decision that had suspended Sengar’s sentence and granted him bail during the pendency of his appeal against conviction.

In its order, the Supreme Court observed that the case involved substantial questions of law. The bench noted that, as a general principle, when a convict or undertrial has been released on bail by a trial court or High Court, the Supreme Court ordinarily refrains from staying such orders without first hearing the person concerned.

However, the court highlighted that Sengar is already serving a sentence in another case under Section 304 Part II of the IPC and remains in custody in that matter.

Considering these “peculiar facts,” the bench stayed the operation of the Delhi High Court’s order and directed that Sengar shall not be released from custody pursuant to the impugned bail order.

The court further clarified that the victim has an independent statutory right to file a separate Special Leave Petition (SLP) and does not require prior permission from the Supreme Court.

It added that if the victim seeks legal assistance, the Supreme Court Legal Services Committee shall provide free legal aid, though she may also engage counsel of her choice.

The bench was hearing two petitions- one filed by the Central Bureau of Investigation (CBI) and another by advocates Anjale Patel and Pooja Shilpkar- both challenging the Delhi High Court’s ruling. While staying the High Court’s order, the Supreme Court issued notice to Sengar on the petitions.

Appearing for the CBI, Solicitor General Tushar Mehta argued that the High Court had erred in concluding that the aggravated offence provisions under the POCSO Act were not applicable on the ground that Sengar could not be considered a public servant.

He contended that the POCSO framework is centred on penetrative sexual assault and aggravated penetrative sexual assault, and that aggravation arises when the accused is in a position of authority or dominance over the child, irrespective of formal public servant status.