New Delhi: The Supreme Court on Monday stayed the Delhi High Court order that had suspended the life sentence and granted bail to expelled Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
A three-judge Bench led by Chief Justice of India (CJI) Surya Kant, along with Justices J.K. Maheshwari and Augustine George Masih, observed, “We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts, where the convict is also convicted for a separate offence, we stay the operation of the Delhi High Court.”
The apex court issued notice to Sengar on the Central Bureau of Investigation’s (CBI) plea and directed a counter-affidavit to be filed within four weeks. The court clarified that Sengar will not be released pursuant to the Delhi High Court’s order.
The CJI-led Bench said it will examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court’s interpretation could result in a police constable being treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, while legislators could be excluded. Representing the CBI, SG Mehta stated that the Delhi High Court “erred” in concluding that a legislator would not fall within the definition of a “public servant” for sentencing purposes.
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Placing the trial court’s conviction order on record, the SG highlighted that the victim was under 16 years old, approximately 15 years and 10 months, at the time of the offence. He further emphasised that Sengar could not be released as he is serving a 10-year sentence in connection with the death of the survivor’s father in 2018. “This convict was held guilty of murdering the father of the survivor. He is still in jail for that. I urge the conscience of this court to stay this order for the sake of the child who was a victim of this,” Mehta submitted.
The Supreme Court also stated that the survivor may file a separate special leave petition (SLP) before the apex court, if required, and that the SC Legal Services Committee would provide legal aid.
Earlier, on December 23, a Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar of the Delhi High Court had suspended Sengar’s life sentence and granted him conditional bail during the pendency of his appeal, subject to strict conditions. The bail order had sparked protests by the survivor’s family and women’s rights activists, who said it “shaken public faith” and sent a wrong message on crimes against women.
In December 2019, the trial court convicted Sengar of kidnapping and raping a minor girl, sentencing him to life imprisonment along with a fine of Rs 25 lakh. Earlier, the Supreme Court had transferred all cases related to the incident from Uttar Pradesh to Delhi and directed the trial to be conducted on a day-to-day basis.
With IANS inputs