The Supreme Court has set aside a Delhi High Court order that suspended former BJP MLA Kuldeep Singh Sengar’s life sentence in the 2017 Unnao rape case.
Per a report by NDTV, a bench led by Justice Joymalya Bagchi observed, “We do not endorse the hyper-technical conclusion of the high court that an MLA is not a public servant under POCSO.”
The apex court, however, did not comment on the merits of the case and directed the Delhi High Court to decide the main appeal within two months.
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The case had once again drawn national attention after the Delhi High Court last month suspended Sengar’s sentence and granted him conditional bail pending appeal.
Unnao rape accused Kuldeep Singh Sengar being produced at Tis Hazari Court. File image/ANI Bail order had triggered outrage
In its earlier order, the Delhi High Court had reasoned that Sengar’s status as an MLA at the time did not qualify him as a “public servant” for the purpose of applying provisions under the POCSO Act.
The court had also observed that the anti-child sexual offences law could not be invoked in the case and noted that the seven-and-a-half years already spent in jail was “more than minimum number” prescribed under the law.
Following the order, Sengar was released on conditional bail. Conditions included a personal bond of Rs 15 lakh, restrictions on leaving Delhi and directions not to come within five kilometre of the survivor.
Widespread criticism and protests
The release sparked widespread criticism and protests. Tension escalated further after visuals emerged showing clashes between security personnel and members of the survivor’s family in Delhi.
In one widely circulated incident, the survivor’s mother was allegedly forced to jump from a moving bus while her daughter remained inside the vehicle.
Speaking to reporters after the incident, the mother said, “We did not get justice. My daughter has been held captive. It seems they want to kill us.”
A CRPF officer later claimed the survivor was being “escorted” back home. No official statement was issued regarding the circumstances in which the survivor’s mother was removed from the bus.
