Supreme Court stays High Court order, Kuldeep Sengar's release deferred
New Delhi (The Uttam Hindu): Unnao rape case convict and former MLA Kuldeep Singh Sengar has received a major setback from the Supreme Court. On Monday, the apex court immediately stayed the Delhi High Court's decision suspending Sengar's sentence. This decision has dashed any remaining hopes Sengar had of getting out of jail.
It is noteworthy that the Delhi High Court had recently suspended Sengar's sentence, but he was not able to come out of jail due to his second life sentence in the case of murder of the rape victim's father.
The CBI challenged the Delhi High Court's decision in the Supreme Court. Solicitor General (SG) Tushar Mehta argued that the High Court erred in holding that Sengar, who was an MLA at the time of the crime, did not qualify as a "public servant."
Mehta said, "This case involves a heinous crime against a minor (15 years and 10 months old at the time of the incident). The High Court ignored the gravity of Section 376 of the IPC and Section 5 of the POCSO Act. Even if it is not considered under Section 376(2)(i), it is still a serious crime due to the POCSO Act and the dominant position."
The case was heard by a three-judge bench comprising Chief Justice Surya Kant, Justice JK Maheshwari, and Justice Augustine George Masih. The CJI stated that the High Court's order in this case needed to be stayed for the time being. The definition of "public servant" and other technical questions would be considered later. The court remarked, "Generally, the principle is that if a person has been released, the court does not take away his liberty. However, the situation here is 'special' because he is already in jail in another case (murder)."
Since the Delhi High Court suspended Sengar's sentence on December 23, there has been intense opposition. The rape victim, her mother, and activist Yogita Bhayana staged a sit-in protest outside the Supreme Court, demanding the cancellation of Sengar's bail. During the hearing, protests were also ongoing outside the Supreme Court, leading to a heavy police presence.
The Delhi High Court ruled that Sengar had already served 7 years and 5 months in prison, and therefore, the remainder of his sentence was suspended. Sengar had challenged the December 2019 lower court verdict. Sengar's lawyer argued that he should have faith in the justice system, but today's Supreme Court decision has not provided any relief to the former MLA.