(Image source from: Thehindu.com)
The Supreme Court on Monday halted the Delhi High Court's decision that allowed former BJP MLA Kuldeep Singh Sengar to be released on bail in the Unnao rape case, confirming that he will stay in custody. A panel led by Chief Justice of India Surya Kant remarked that the case brings up important legal issues and issued a notice regarding it. By suspending the High Court's decision, the court stated that Sengar will remain in jail, as he is already serving time for another criminal conviction. While discussing the case, the Chief Justice pointed out the potential consequences of the interpretation made by the Delhi High Court, emphasizing that if accepted, even a policeman or revenue clerk could be seen as a public servant, while an MLA or MP might be excluded and claim to be exempt. The lawyer representing the survivor of the rape wanted to join in the discussion, but the court indicated that she could submit her own appeal.
In its ruling, the Supreme Court observed that it usually does not suspend bail decisions made by trial courts or High Courts without first hearing from the accused. However, they noted that this case had "unique circumstances" since Sengar has already been found guilty and sentenced under Section 304 Part II of the IPC in another matter and is still in custody for that. The bench ordered that the bail order in question be put on hold and made it clear that Sengar will not be released according to the High Court’s decision. Responding to a request from the Central Bureau of Investigation (CBI), the Supreme Court also sent a notice to Kuldeep Sengar requesting his response in this situation. The court emphasized that the survivor has a legal right to file her own special appeal without needing the court's approval. It also stated that they would provide free legal help through the Supreme Court Legal Services Committee if she asks for it, although the survivor can choose to handle the case with her own lawyer.
The Unnao rape case began in 2017 when a young girl accused then BJP MLA Kuldeep Singh Sengar of sexual assault in the Unnao region of Uttar Pradesh. This incident led to widespread outrage across the country, as there were claims that the police initially did not file a case and that the survivor and her family faced threats and intimidation. In April 2018, the survivor attempted to set herself on fire outside the residence of Uttar Pradesh Chief Minister Yogi Adityanath, blaming the authorities for their lack of action. Following significant protests and extensive media attention, the investigation was assigned to the Central Bureau of Investigation. Later, the Supreme Court moved the trial from Uttar Pradesh to Delhi to guarantee a fair hearing. In 2019, a court in Delhi found Sengar guilty of rape and sentenced him to life imprisonment. He was also convicted in separate cases related to the death of the survivor's father while in custody and for trying to influence witnesses. Many of his relatives and associates were also found guilty in related cases.
