In a major setback to expelled BJP leader Kuldeep Singh Sengar, the Supreme Court of India on Friday set aside the order of the Delhi High Court suspending his life imprisonment in the 2017 Unnao rape case. A bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi partly allowed CBI’s appeal, effectively quashing the bail granted earlier to Sengar and ordering that his life sentence be restored forthwith.
The apex court strongly objected to the “hyper-technical” interpretation of the High Court that an MLA is not a “public servant” under the POCSO Act. Justice Bagchi said the legislation is specifically meant to protect children from exploitation and should not be diluted by narrow legal definitions. The Supreme Court made it clear that it was not commenting on merits of Sengar’s wider appeal against his conviction but remitted the matter back to the High Court for fresh consideration.
The Delhi High Court has been asked to hear Sengar’s main appeal against conviction within two months. If the appeal is not disposed of by then the High Court may pass a fresh order on the suspension of his sentence. For now, Sengar is still behind bars, still under the yoke of his life sentence for the aggravated sexual assault of a minor.
