New Delhi
The Supreme Court on Monday halted the Delhi High Court’s order that had suspended the life sentence and granted bail to expelled BJP leader and Unnao rape convict Kuldeep Singh Sengar. The stay came while the court was hearing a petition filed by the Central Bureau of Investigation challenging the High Court’s decision.
A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices JK Maheshwari and AG Masih, issued notice to Sengar and observed that the case raises significant legal questions regarding the High Court’s approach in suspending the sentence. The apex court questioned whether the Delhi High Court had adequately examined Sengar’s conviction under Section 376(2)(i) of the IPC while granting him relief.
Stating that the matter required detailed consideration, the bench clarified that although the general rule is to hear a person already released on bail before reversing such relief, Sengar remains in custody in another case. The court also remarked that amendments under the POCSO Act enhanced punishment rather than creating a new offence, emphasizing that judicial scrutiny is vital as “even the finest judges may err.”
During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, argued that the case involves the rape of a minor girl, and the conviction was based on findings that the survivor was 15 years and 10 months old. The Delhi High Court had suspended Sengar’s life sentence on December 23, imposing strict bail conditions, including restrictions on movement and weekly reporting to police. The Supreme Court will now further examine the matter.
Reacting to the order the activist Yogita Bhayana said the order had wider implications.
“This is not a fight of one victim alone, but of all girls. The Supreme Court itself noted that while stays are not usually granted, this case stands on a different footing,” she said.
‘Will not rest until he is hanged’: Unnao rape survivor
New Delhi
The Unnao rape survivor on Monday expressed satisfaction in the Supreme Court order which stayed the Delhi High Court order suspending the life sentence of convict and former BJP MLA Kuldeep Sengar. “I am very happy with this decision. I have got justice from the Supreme Court. I have been raising my voice for justice from the very beginning,” the survivor said. He added, “I will not rest until he is hanged. I will keep fighting. Only then will my family and I get justice. We receive threats even today.” Family members also expressed relief over the intervention by the SC, saying their faith in the justice system had been restored.
The survivor’s sister said she had complete faith that the court would ensure the accused is not released. “He is a monster. First, he raped my sister and later destroyed the entire family. I am satisfied today. His bail should remain rejected,” she said.
Quote
“Matter requires consideration. We are inclined to stay the order. General principle is once someone has been released, person will be heard. But here, he continues to be in custody (in a separate case)” – Surya Kant, Chief Justice of India
