
Ex-BJP MLA remains behind bars as Supreme Court flags concerns over survivor safety
The Supreme Court on Friday stayed a Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, directing that he remain in jail for now.
A vacation bench headed by Chief Justice Surya Kant, and comprising Justices J.K. Maheshwari and Augustine George Masih, passed the interim order while hearing a plea filed by the Central Bureau of Investigation (CBI), which challenged the High Court’s decision to grant Sengar conditional bail. The apex court issued notice to Sengar and granted him four weeks to file his response. It also allowed the Unnao rape survivor to intervene in the proceedings.
The court underlined that there was no question of any compromise on personal liberty at this stage, noting that Sengar continues to serve a concurrent sentence in connection with the custodial death of the survivor’s father. With the stay in place, Sengar’s release has been halted.
Ahead of the hearing, the survivor said she had faith in the Supreme Court and appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure the safety of her family. She alleged that Sengar had bribed officials, including the investigating officer, and claimed her family had already suffered after the High Court suspended his sentence. She also alleged impropriety involving an unnamed Delhi High Court judge, an accusation that has not been independently verified.
The Unnao rape case returned to the spotlight earlier this week after the Delhi High Court suspended Sengar’s life sentence and granted him bail pending appeal. In its controversial order, the High Court held that Sengar’s status as an MLA did not make him a “public servant” for the purposes of sentencing and said provisions of the Protection of Children from Sexual Offences (POCSO) Act were not applicable. The court further noted that Sengar had already served over seven-and-a-half years in jail, which it termed “more than the minimum” punishment prescribed under the law.
Based on this reasoning, Sengar was released on conditional bail, subject to restrictions including a ₹15 lakh personal bond, a bar on leaving Delhi, and a condition preventing him from coming within five kilometres of the survivor.
The High Court order triggered widespread condemnation and protests in Delhi, with tensions escalating after visuals emerged of confrontations between central security forces deployed for the survivor’s protection and her family members. In one incident, the survivor’s mother was seen in distress after being separated from her daughter during a protest, prompting allegations of intimidation and excessive force.
Reacting to the incident, the survivor’s mother broke down before reporters, saying the family had not received justice and feared for their lives. A CRPF officer later claimed that the survivor was being escorted back home, though no official clarification was issued regarding the removal of her mother from the vehicle.
With the Supreme Court’s intervention, the bail granted to Sengar has been put on hold as the legal battle over the High Court’s order continues.
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