NEW DELHI: The Supreme Court on Monday put on hold the Delhi High Court’s order suspending the life sentence of Kuldeep Singh Sengar, the expelled BJP leader convicted in the 2017 Unnao rape case, thereby ensuring that he remains in judicial custody.
A vacation bench of the apex court, headed by Chief Justice Surya Kant and comprising Justices J K Maheshwari and Augustine George Masih, issued notice to Sengar on a petition filed by the Central Bureau of Investigation challenging the High Court’s decision. The bench directed Sengar to respond to the plea and clarified that he would not be released from jail in the meantime.
Appearing for the CBI, Solicitor General Tushar Mehta urged the Supreme Court to immediately stay the High Court order, arguing that the suspension of sentence raised serious legal and constitutional concerns. The bench observed that the matter involved substantial questions of law that required careful examination and said it would take up the case for detailed hearing after four weeks.
The Supreme Court made it clear that the Delhi High Court’s December 23 order, which had suspended Sengar’s life sentence in the rape case, would not be acted upon until further orders. As a result, Sengar will continue to remain behind bars.
Earlier, the Delhi High Court had suspended Sengar’s sentence pending the outcome of his appeal against the conviction, noting that he had already served over seven years and five months in prison. His appeal challenges the December 2019 verdict of a trial court that convicted him of raping a minor girl and sentenced him to life imprisonment.
However, even before the Supreme Court’s intervention, Sengar was not eligible for immediate release, as he is also serving a separate 10-year prison sentence in connection with the custodial death of the rape victim’s father. Bail has not been granted to him in that case.
The Unnao rape case and its related proceedings were transferred from Uttar Pradesh to Delhi by the Supreme Court in August 2019, citing concerns over fair trial and witness safety. The case had drawn nationwide attention and outrage, becoming a symbol of abuse of power and the challenges faced by victims seeking justice against influential individuals.