Supreme Court to Hear CBI's Plea in Kuldeep Singh Sengar Unnao Rape Case Suspension
The Supreme Court is set to hear a plea from the Central Bureau of Investigation (CBI) challenging the Delhi High Court's decision to suspend the life sentence of former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the Unnao rape case. A three-judge vacation bench, led by Chief Justice of India Surya Kant, is expected to address the matter. Additionally, a separate petition filed by advocates Anjale Patel and Pooja Shilpkar, challenging the high court's order, will also be heard by the top court.
The CBI has appealed to the apex court, citing a previous verdict in the L K Advani case, which established that individuals holding public office, such as MPs or MLAs, are considered public servants. The agency argues that the high court's ruling declaring Sengar, a former MLA at the time of the offense, not a public servant under the POCSO Act was erroneous. The CBI contends that the high court failed to recognize the responsibilities and authority associated with holding a constitutional office like that of an MLA.
In December 2023, the Delhi High Court suspended Sengar's jail term in the Unnao rape case, citing the time he had already served in prison. Sengar, who is currently serving life imprisonment, has challenged his conviction and sentence in the rape case. Despite the suspension of his sentence, he will remain in custody due to a separate 10-year imprisonment in the custodial death case of the victim's father. The high court imposed various conditions on Sengar, including a hefty personal bond and restrictions on approaching the survivor's residence.
The Unnao rape case and related matters were transferred to Delhi from Uttar Pradesh following a directive from the Supreme Court in 2019. Sengar's appeal against his conviction in the custodial death case is also pending, with a request for the suspension of his sentence based on the time already spent in jail. The high court's decision to grant bail to Sengar has raised significant legal and ethical questions, prompting the CBI to challenge the ruling before the Supreme Court.
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