Unnao rape case: SC stays Delhi High Court order granting bail to Kuldeep Sengar

The Supreme Court on Monday stayed the operation of the Delhi High Court order, which 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 (CJI) Surya Kant, Justice JK Maheshwari and Augustine George Masih issued notice to Sengar on appeal filed by the Central Bureau of Investigation (CBI) against the High Court order. The Court stayed the High Court and ordered that Sengar not be released from jail pursuant to the High Court decision. 

"Issue notice. We have heard Solicitor General Tushar Mehta for CBI and Senior Advocate for the convict. We find that there are various substantial questions of law which arises. Counter be filed in 4 weeks. We are conscious of the fact that when convict or undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts where convict is convicted for a separate offence, we stay the operation of the Delhi High Court order sated December 23 and thus the respondent shall not be released pursuant to the said order," the Court said.

The apex court also raised apprehensions that the High Court's interpretation of the word 'public servant' under Section 5 of the Protection of Children from Sexual Offences Act (POCSO Act) could be erroneous and could give immunity to lawmakers. "Legal issue requires consideration ,and the judges of the HC who passed this order are some of the finest judges. But we are all prone to committing errors! Please see this definition of public servant under POCSO... we are worried that a constable shall be a public servant under the act but a member ofthe  legislative will be excluded," the top court remarked.

The CBI approached the apex court against the Delhi High Court’s December 23 verdict suspending the life sentence awarded to Sengar by the trial court. Sengar was convicted by a Delhi trial court in December 2019 for offences under the Indian Penal Code and the Protection of Children from Sexual Offences Act and was sentenced to imprisonment for the remainder of his natural life. However, the High Court suspended the sentence and ordered Sengar's release on bail.