CBI Challenges Delhi HC Bail for Sengar in Supreme Court Amid Survivor Fury, Protests
The Central Bureau of Investigation (CBI) on Friday decided to move the Supreme Court with a special leave petition after taking note of the recent Delhi High Court order granting bail with conditions to former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, officials said.
Aadrika Tayal 
New Delhi (India) December 27: The Central Bureau of Investigation (CBI) has moved the Supreme Court through a special leave petition seeking to set aside the Delhi High Courts order which had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the high, profile Unnao rape case, officials said.
CBI argued in its petition that the High Court decision acts as loosening of the protective provisions of the Protection of Children from Sexual Offences Act, 2012, and is not practical given the seriousness of the crime and the solid principles regarding suspension of life sentences.
Dispute Over Public Servant Status
Disagreeing with the conclusion of the High Court that an MLA does not fall within the definition of a public servant for the purpose of Section 5(c) of the POCSO Act, the CBI stated that the court should not have given such a restrictive interpretation.
The CBI argues that adopting a narrowly defined and technically oriented interpretation serves the legislative intent to provide a greater level of protection for children from sexual offences and to make the misuse of authority an aggravating factor.
Survivor's Lawyer Slams Officials
Mehmood Pracha, the lawyer of the survivor of the Unnao rape, said his team will file a motion in the Supreme Court separate from the court of CBIs, which is moot. He explained that the CBI was the prosecuting agency but said they have a plan to file an FIR with the CBI to state that the officials are helping Sengar.
Pracha compared the incident to the endangerment of female children in India and exhorted the whole country to protest to ensure the safety of women.
Moreover, two lawyers got together to file a petition on Thursday which is a challenge to the Delhi High Court's decision to suspend Sengar's sentence.
Protests and Legal Pushback
By contrast, Friday’s protests against the Delhi High Courts order in the case continued. A group of women sat outside the High Court with placards encasing slogans calling for justice for the survivor.
As protesters stood outside the court complex peacefully and shouted slogans at times, the Delhi Police was reciting through a speaker that they should leave.
