New Delhi – The Supreme Court is set to hear a pivotal plea on Monday filed by the Central Bureau of Investigation challenging the Delhi High Court’s decision to suspend the life sentence of expelled former BJP MLA Kuldeep Singh Sengar in the Unnao rape case. This development marks a significant turn in one of India’s most closely watched criminal cases involving abuse of power and sexual assault.
Supreme Court Bench to Review Appeal
According to the official cause list, a three-judge vacation bench comprising Chief Justice of India Surya Kant and Justices JK Maheshwari and Augustine George Masih will hear the matter. The bench will examine the CBI’s challenge to the high court order that suspended Sengar’s jail term after he served seven years and five months in prison for the Unnao rape case.
The apex court will also consider a separate petition filed by advocates Anjale Patel and Pooja Shilpkar, which similarly challenges the high court’s order and seeks an immediate stay on the sentence suspension. The dual petitions underscore the gravity and public interest surrounding the Unnao rape case.
CBI’s Legal Arguments Against Suspension
The Central Bureau of Investigation has presented compelling arguments in its appeal before the Supreme Court, challenging the legal reasoning employed by the Delhi High Court. The agency referenced the apex court’s landmark verdict in the L.K. Advani case, which established that individuals holding public office, including Members of Parliament and Members of Legislative Assembly, are deemed public servants under the law.
The CBI contends that the high court committed a fundamental error by declaring that Kuldeep Singh Sengar, who served as an MLA when the offense was committed, was not a public servant for prosecution purposes under the Protection of Children from Sexual Offences (POCSO) Act. This misclassification, according to the agency, led to the inappropriate granting of bail in the Unnao rape case.
“The high court failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate and that such a position carries heightened responsibility arising from duties owed to the state and society,” the CBI stated in its appeal.
The investigating agency further argued that the high court “erred in law by failing to adopt a purposive interpretation that advances the object and intent of the POCSO Act,” emphasizing that the lower court’s interpretation undermined the protective framework established by the legislation.
Delhi High Court’s Controversial Order
On December 23, the Delhi High Court made the contentious decision to suspend Kuldeep Singh Sengar’s jail term in the Unnao rape case, noting that he had already served seven years and five months in prison. The suspension remains in effect pending the resolution of his appeal challenging both his conviction and sentence in the rape case.
Sengar had originally challenged a December 2019 trial court verdict that found him guilty of kidnapping and raping the survivor when she was a minor. While his sentence in the Unnao rape case has been suspended, he will remain incarcerated as he is also serving a 10-year imprisonment term in the custodial death case of the victim’s father, for which he has not received bail.
The high court imposed several stringent conditions on Sengar’s release, including a personal bond of ₹15 lakh with three sureties of equal amount. The order also prohibited him from coming within a 5-kilometer radius of the survivor’s residence in Delhi and explicitly barred him from threatening her or her mother. Any violation of these conditions would result in immediate cancellation of bail.
Victim’s Plea for Justice and Safety
The survivor of the 2017 Unnao rape case addressed the media on Sunday during a protest in Delhi, expressing faith in the Supreme Court’s ability to deliver justice. She made serious allegations regarding corruption and interference in the legal process.
“I have faith that I will get justice in the Supreme Court. Kuldeep Sengar has bribed judge and CBI Investigating Officer. My husband’s job was snatched away, my children and witnesses are under threat,” the victim stated, highlighting the ongoing challenges faced by her family since Sengar’s bail in the Unnao rape case.
The victim made a direct appeal to Uttar Pradesh Chief Minister Yogi Adityanath, requesting adequate protection to enable her to fight her legal battle without fear. “Protection must be provided to those whom we name in front of the CBI. I request CM Yogi Adityanath to protect me in a way that I am able to fight my battle fearlessly,” she emphasized.
Implications for Justice System
The Supreme Court’s hearing on the Unnao rape case today represents a critical juncture in India’s ongoing struggle to ensure accountability for powerful individuals accused of serious crimes. The outcome will have far-reaching implications for how public servants are prosecuted under special protective legislation like the POCSO Act and whether victims can receive meaningful protection while pursuing justice through India’s legal system.
