In a significant legal turnaround, the Supreme Court of India has set aside a Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar. The case pertains to the 2017 rape of a minor in Unnao, Uttar Pradesh.
The Supreme Court’s decision effectively cancels Sengar’s bail, which had been granted just last month.
The “Hyper-Technical” Dispute
The core of the legal debate rested on whether Sengar, who was an active Member of the Legislative Assembly (MLA) at the time of the crime, qualified as a “public servant” under the POCSO (Protection of Children from Sexual Offences) Act.
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The High Court’s View: A bench of the Delhi High Court had previously reasoned that an MLA does not fall under the definition of a public servant for this specific case. Consequently, they argued that POCSO charges could not be applied and that Sengar’s seven-and-a-half years in prison exceeded the “minimum” required by other laws.
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The Supreme Court’s Verdict: Justice Joymalya Bagchi strongly criticized this interpretation, calling it a “hyper-technical conclusion.” The apex court maintained that the status of an MLA does indeed carry the weight of a public servant under the law.
Chaos and Protests in Delhi
Sengar’s temporary release on bail led to a week of intense public anger and disturbing scenes in the national capital:
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Intimidation Allegations: The survivor and her mother reported being bullied and intimidated by the central security forces originally assigned to protect them.
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Viral Visuals: Frightening footage emerged showing the survivor’s mother forced to jump from a moving bus while her daughter remained on board, allegedly being held “captive” by security personnel.
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Family’s Plea: Following these incidents, the mother broke down before reporters, stating, “We did not get justice… It seems they want to kill us.”
What Happens Next?
While the Supreme Court did not comment on the final merits of Sengar’s appeal, it has sent the case back to the High Court with a strict deadline.
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Main Appeal: The Delhi High Court has been directed to decide on Sengar’s main appeal against his conviction within two months.
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Sengar’s Status: With the suspension of his sentence set aside, Sengar is expected to return to custody to continue serving his life term while the appeal process is finalized.
