The Supreme Court on December 29 (Monday) stayed the order by Delhi High Court that had suspended the life sentence awarded to former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case.
The Delhi High Court had on December 23 suspended Sengar's jail term and said that he had already served seven years and five months behind the bars.
However, on Monday, the Apex Court Bench comprising Chief Justice of India Surya Kant and justices JK Maheshwari and Augustine George, cited ambiguity on the definition of 'public servant' under the POCSO Act.
Amid heavy security outside the court, the Bench also issued notices on pleas challenging the Delhi High Court order.
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Supreme Court order
According to Live Law, the SC said "there are substantial questions of law" and ordered issuance of notice.
“…In view of peculiar facts where convict is convicted for a separate offence, we stay operation of Delhi High Court order dated December 23, 2025. Thus respondent (Sengar) shall not be released pursuant to the said order," CJI Surya Kant said.
The SC further said, "We stay operation of impugned order in peculiar facts. Respondent shall not be released from custody pursuant to the impugned order. Victim has a statutory right to file separate SLP. She does not require liberty from this Court. If she requires free legal aid, SC Legal Service Committee shall provide free legal aid. She may file her appeal through her own counsel also."
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Reactions to SC decision
Hailing the SC order, survivor's mother said that they were jubilant and wanted to thank the top court. She also demanded death sentence for the accused.
The survivor's lawyer, advocate Mehmood Pracha, said that while the order "has given a little time to breathe, this should not be called victory". He said that the CBI only discussed the "icerberg of the case" and that there was a lot more evidence in the survivor's favour.
Meanwhile, women's activist Yogita Bhayana thanked the SC for the order and said that the top court has shown sensitivity towards the case. "It will send a message to the country's daughters that if they face injustice, they will get justice."
SC slams social media trials
The Supreme Court slammed the "public browbeating of the judiciary" and people taking legal issues to the streets in the Unnao rape case after Delhi HC order.
The SC made this observation after a lawyer informed the bench that pictures of Delhi HC judges who passed the order were being circulated with caption asking people to "identify these judges".
The pleas
Challenging the Delhi High Court order, the Bench was seized of two pleas. One by the CBI represented by Solicitor General Tushar Mehta and the other by advocates Anjale Patel and Pooja Shilpkar.
The Delhi High Court had ruled that under Section 5(c) of the POCSO Act or Section 376(2)(b) of the IPC, Sengar could be treated as a public servant. This is the reason the CBI moved the top court.
Survivor on Delhi HC order (December 23)
When the Delhi HC verdict came out on December 23, the survivor also joined the massive protests demanding justice. She said that she had firm faith in the Supreme Court in her quest for justice.
In December 2019, Sengar was convicted in the case and awarded lifer as well as Rs 25 lakh fine.
