NEW DELHI: In a significant legal intervention, the Supreme Court on Monday stayed the Delhi High Court’s order that had suspended the sentence of expelled BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
The order ensures that Sengar, who was granted interim relief by the High Court recently, will not walk free.
Key Developments:
• The Stay Order: A vacation bench comprising Justices Surya Kant and Ujjal Bhuyan stayed the operation of the Delhi High Court’s December 23 order. The High Court had suspended Sengar’s life sentence on the grounds that he had already served nearly seven years in prison.
• CBI’s Challenge: The Central Bureau of Investigation (CBI) immediately challenged the High Court’s decision in the apex court, arguing against the release of the convict given the gravity of the offense.
• ‘Peculiar Circumstances’: The Supreme Court bench noted the “peculiar facts” of the case. They highlighted that Sengar is arguably not eligible for release because he is simultaneously serving a separate 10-year sentence for the custodial death of the rape survivor’s father.
• Next Steps: The Supreme Court has issued a notice to Sengar seeking his response to the CBI’s plea and has listed the matter for further hearing in January.
Background of the Case:
Kuldeep Sengar was convicted in December 2019 for the kidnapping and rape of a minor girl in Unnao, Uttar Pradesh, in 2017. He was sentenced to life imprisonment for the “remainder of his natural biological life.” Additionally, in March 2020, he was convicted of culpable homicide not amounting to murder for the death of the survivor’s father in judicial custody.
