New Delhi: The Supreme Court on Monday stayed the operation of a Delhi High Court order that had granted bail and suspended the life sentence awarded to former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case.
A vacation bench comprising Chief Justice of India Surya Kant and Justices J K Maheshwari and Augustine George Masih issued notice to Sengar on an appeal filed by the Central Bureau of Investigation (CBI) challenging the High Court’s December 23 order.
The apex court directed that Sengar shall not be released from jail pursuant to the High Court decision.“We find that there are various substantial questions of law involved. In view of the peculiar facts, we stay the operation of the Delhi High Court order dated December 23,” the bench said, while granting four weeks’ time to Sengar to file a counter-affidavit.
The court also expressed concern over the High Court’s interpretation of the term “public servant” under Section 5 of the Protection of Children from Sexual Offences (POCSO) Act, observing that such an interpretation could potentially grant immunity to lawmakers.
The bench noted that while police personnel may fall within the definition of public servants under the Act, excluding elected representatives could raise serious legal issues.Sengar was convicted by a Delhi trial court in December 2019 for offences under the Indian Penal Code and the POCSO Act and was sentenced to imprisonment for the remainder of his natural life.
However, the Delhi High Court had suspended the sentence and granted him bail, holding prima facie that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him.
The High Court had ruled that Sengar could not be categorised as a “public servant” under Section 5(c) of the POCSO Act or Section 376(2)(b) of the IPC, and that he did not fall within the provision relating to a “position of trust or authority”.
Appearing for the CBI, Solicitor General Tushar Mehta argued that the High Court erred in law and that a sitting MLA occupies a constitutional position of trust and authority.
He also raised concerns over the safety of the survivor and her family, stating that Sengar’s release could undermine public confidence in the justice delivery system.
The bench noted that Sengar has also been convicted in a separate case relating to the murder of the victim’s father. The matter will be heard further after the filing of responses.
