Supreme Court Stays Sengar Bail in Unnao Rape Case: Victim's Justice Prevails Amid Fury
The Supreme Court put on hold Delhi High Court's December 23 order which had directed the release of Kuldeep Singh Sengar. It further instructed that he be kept in jail in connection with the 2017 Unnao rape case.
Aadrika Tayal 
New Delhi (India) December 29: The Supreme Court has remanded a Delhi High Court order lifting the life sentence for Kuldeep Singh Sengar, the former BJP MLA, for raping a woman when she was a minor in Unnao, Uttar Pradesh in 2017.
SC Halts High Court Order
The court was prompt in acknowledging the victim’s responsibility, and gave a notice to the former BJP leader on the basis of a plea by the CBI, the agency tasked with investigating and prosecuting the case, challenging the High Court order. Sengar has been given four weeks to file his reply.
A vacation bench comprising Chief Justice Surya Kant and Justices JK Maheshwari and Augustine George Masih, also permitted the Unnao rape survivor to file a petition for intervention.
“We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court. But in view of the peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi High Court order,” the bench said.
CJI Addresses Social Media Backlash
During the hearing, the social media outcry against the judges of the Delhi high court Justice Subramanian Prasad and Justice Harish Vaidyanathan who had suspended Sengar's life sentence, was also referred to. The Chief Justice of India Surya Kant, who was present at the hearing, criticised the outcry vehemently.
During the hearing, CBI Solicitor General Tushar Mehta was also approached for his views. In response, he stated that both the judges are highly intelligent and have out of question integrity. He further expressed that the image of both judges should not be tarnished in any way and that he stands firmly with them.
Case Background and Impact
The Unnao rape case of 2017 rose again to the limelight this week after Sengar, who was then holding the Bangarmau seat, had his sentence suspended and bail was granted to him pending an appeal against the trial court's verdict.
In a controversial order, the High Court argued that his status as an MLA should not have been a reason for the lower court to consider him 'public servant'. The bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan also held that the sexual assault on children law POCSO could not be applied in this case.
Moreover, the High Court, after rejecting the characterization of Sengar as a 'public servant', stated that the seven and a half years already served is "more than minimum number" set by law in this case. Therefore, Kuldeep Sengar was granted bail with some conditions; among these are a Rs 15 lakh personal bond, a commitment not to leave Delhi, and not coming within five kilometers of the survivor.
