NEW DELHI: The Supreme Court on Monday stepped in to stay the Delhi high court order that suspended the former BJP leader Kuldeep Singh Sengar’s life sentence in the 2017 Unnao rape case. On the Central Investigation Bureau’s plea challenging the HC order, Supreme Court bench flagged serious legal concerns over the interpretation of the law and the implications it could have for accountability of elected representatives.A three-judge vacation bench led by Chief Justice Surya Kant, along with Justices JK Maheshwari and Augustine George Masih, stayed the execution of the high court’s December 23 order that had suspended Sengar’s life sentence under the POCSO Act.Unnao Rape Case: Activists Protest Outside Delhi High Court Over Sengar BailSupreme Court made it clear that Sengar would not be released from jail, noting that he continues to remain in custody in another case related to the custodial death of the rape survivor’s father.While acknowledging that sentence suspensions are not usually stayed without hearing the convict, the bench said the “peculiar facts” of the case warranted immediate intervention.”Issue notice. We have heard solicitor general Tushar Mehta for CBI and senior advocate for the convict… Counter will be filed in four weeks. 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 without hearing such persons. But in view of peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi high court order dated December 23, and thus the respondent shall not be released pursuant to the said order,” the bench ordered.The ‘public servant’ interpretationAt the heart of the CBI plea is whether an MLA can be treated as a “public servant” for the purpose of aggravated offences under the POCSO Act.Appearing for the CBI, solicitor general Tushar Mehta argued that Sengar, who was a powerful MLA at the time of the crime, exercised dominance over the minor survivor and squarely fell within the scope of aggravated sexual assault under the law.Sengar’s counsel, senior advocates Siddharth Dave and N Hariharan, countered this by arguing that an MLA could not automatically be treated as a public servant under POCSO.The Supreme Court, however, expressed unease with the high court’s reasoning, warning that such an interpretation could lead to lawmakers being exempted from stricter punishment.”We are worried that a constable or patwari will be a public servant under the Act, but an MLA or MP will not be and get exempted,” the bench observed.Why it mattersSection 5 of the POCSO Act treats sexual assault as “aggravated” if committed by a public servant or a person in a position of authority, attracting a minimum punishment of 20 years that can extend to life imprisonment.In 2019, a Delhi trial court had held that Sengar qualified as a public servant and sentenced him to imprisonment for the remainder of his natural life. The high court’s suspension of that sentence had triggered sharp criticism, with the CBI arguing that it diluted the intent of the law.The Supreme Court has now issued notice to Sengar and will examine whether the high court erred in excluding legislators from the definition of “public servant” under POCSO Act.Survivor welcomes SC interventionMeanwhile, the Unnao rape survivor welcomed the Supreme Court’s order, saying she had full faith in the justice system and felt reassured by the apex court’s intervention.”I am very happy. I had faith in the Supreme Court. I will ensure that he is given a death sentence,” she said speaking to the reporters.The survivor’s mother has asked for security for her family and advocate saying, “My family needs security. Our advocates need security. I request that the government keep us all safe.”(With agency inputs)About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosArgentina Backs India’s Permanent UNSC Seat, Says World Order Has Changed Beyond 1945 ModelSupreme Court Halts Bail For Ex-BJP MLA Kuldeep Sengar In Unnao Rape Case, Signals Tough Stand’Called Chinki, Chinese, Momo’: Tripura Student’s Killing In Dehradun Triggers Protests Across StateBangladesh Faces Political Rupture As Student Leaders Back Jamaat While Minority Attacks ContinueAt Least One Dead After Fire Engulfs 2 Coaches Of Ernakulam Express With 158 On Board In Andhra“Violence Being Used to Stop Polls”: Ex-Spy Lucky Bisht on Bangladesh KillingsOwaisi Urges Protection of Bangladesh Minorities Ahead of February Polls‘Love Jihad Claim False’: UP Woman Speaks Out After Bajrang Dal Crashes BirthdayUnnao Rape Case: Activists Protest Outside Delhi High Court Over Sengar BailShashi Tharoor Responds To Digvijaya Singh, Says Congress Needs Discipline, Not Lessons From RSS123PhotostoriesIn Pics | How Southern Railway Is Switching to Recycled Sewage Water for Daily OperationsHow Tulsi Ginger Haldi Kadha soothes sore throat and boost immunity; recipe insideMumbai Aims High: Metro Line 2B And Shunya Bridge Target Seamless Suburban ConnectivityMumbai Central line maintenance push: Track work taken up during Mulund–Matunga mega blockMumbai’s Bhandup Gets Connectivity Boost as New FOB Eases East–West Pedestrian MovementTop 5 richest cities in India by GDP in 2025Winter Special: How to make Lehsuni Chicken Curry for lunch10 Turkish desserts one must try at least once‘Lokah: Chapter One – Chandra’, ‘Laalo’ to ‘Su From So’: Regional movies that won hearts in 20255 major wedding trends of 2025 that might be seen in 2026 too123Hot PicksSilver price todayPAN-Aadhaar linkingCristiano RonaldoGold rate todayIncome Tax RefundIndian Railways fareBank Holidays DecemberTop TrendingMatt Hardy and Reby Sky Net WorthTravis KelcePatrick MahomesRobert Kraft & Gayle Benson Net WorthAjit PawarLebron JamesWWE Raw PreviewUnnao Rape CaseRajkumar BafnaNew York Yankees
NEW DELHI: The Supreme Court on Monday stepped in to stay the Delhi high court order that suspended the former BJP leader Kuldeep Singh Sengar’s life sentence in the 2017 Unnao rape case. On the Central Investigation Bureau’s plea challenging the HC order, Supreme Court bench flagged serious legal concerns over the interpretation of the law and the implications it could have for accountability of elected representatives.A three-judge vacation bench led by Chief Justice Surya Kant, along with Justices JK Maheshwari and Augustine George Masih, stayed the execution of the high court’s December 23 order that had suspended Sengar’s life sentence under the POCSO Act.
Supreme Court made it clear that Sengar would not be released from jail, noting that he continues to remain in custody in another case related to the custodial death of the rape survivor’s father.While acknowledging that sentence suspensions are not usually stayed without hearing the convict, the bench said the “peculiar facts” of the case warranted immediate intervention.“Issue notice. We have heard solicitor general Tushar Mehta for CBI and senior advocate for the convict… Counter will be filed in four weeks. 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 without hearing such persons. But in view of peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi high court order dated December 23, and thus the respondent shall not be released pursuant to the said order,” the bench ordered.
The ‘public servant’ interpretation
At the heart of the CBI plea is whether an MLA can be treated as a “public servant” for the purpose of aggravated offences under the POCSO Act.Appearing for the CBI, solicitor general Tushar Mehta argued that Sengar, who was a powerful MLA at the time of the crime, exercised dominance over the minor survivor and squarely fell within the scope of aggravated sexual assault under the law.Sengar’s counsel, senior advocates Siddharth Dave and N Hariharan, countered this by arguing that an MLA could not automatically be treated as a public servant under POCSO.The Supreme Court, however, expressed unease with the high court’s reasoning, warning that such an interpretation could lead to lawmakers being exempted from stricter punishment.“We are worried that a constable or patwari will be a public servant under the Act, but an MLA or MP will not be and get exempted,” the bench observed.
Why it matters
Section 5 of the POCSO Act treats sexual assault as “aggravated” if committed by a public servant or a person in a position of authority, attracting a minimum punishment of 20 years that can extend to life imprisonment.In 2019, a Delhi trial court had held that Sengar qualified as a public servant and sentenced him to imprisonment for the remainder of his natural life. The high court’s suspension of that sentence had triggered sharp criticism, with the CBI arguing that it diluted the intent of the law.The Supreme Court has now issued notice to Sengar and will examine whether the high court erred in excluding legislators from the definition of “public servant” under POCSO Act.
Survivor welcomes SC intervention
Meanwhile, the Unnao rape survivor welcomed the Supreme Court’s order, saying she had full faith in the justice system and felt reassured by the apex court’s intervention.“I am very happy. I had faith in the Supreme Court. I will ensure that he is given a death sentence,” she said speaking to the reporters.The survivor’s mother has asked for security for her family and advocate saying, “My family needs security. Our advocates need security. I request that the government keep us all safe.”(With agency inputs)
