Kuldeep Sengar (ANI image) NEW DELHI: The Supreme Court on Monday stayed a week-old Delhi high court order granting bail to former BJP MLA Kuldeep Singh Sengar, convicted of raping a minor in Uttar Pradesh’s Unnao, during pendency of his appeal against conviction and ensured that he is not released from prison.Departing from the general practice of the apex court not interfering with HC orders granting bail, a bench of CJI Surya Kant, and Justices J K Maheshwari and A G Masih said the case against Sengar and the way the HC granted him bail raises several questions of law requiring deeper consideration.”Keeping in mind these peculiar circumstances, we deem it appropriate to stay the operation of the impugned order dated Dec 23 passed by HC. Consequently, the respondent (Sengar) shall not be released from custody…” the bench said.One of the issues raised by CBI through solicitor general Tushar Mehta was that the HC failed to appreciate that Sengar, a public servant being an MLA, was in a dominant position and hence his offence of raping a minor girl must be construed as an aggravated form of sexual assault under IPC and Pocso Act. ‘Public servant’Such an act under Pocso warrants stringent punishment, which under IPC shall not be less than 10 years imprisonment and could extend up to the entire natural life of the convict.When Sengar’s counsels, senior advocates N Hariharan and Sidharth Dave, questioned the CBI contention about Sengar being a public servant, CJI Kant-led bench said, “We are worried that if the proposition advanced by the convict is accepted then a patwari will be considered a public servant but not MPs and MLAs.” The bench sought Sengar’s response to CBI’s appeal and posted the matter for further consideration on Jan 20.Mehta said, “A person may not be a ‘public servant’ for the purpose of the Prevention of Corruption Act, 1988, but may still be a ‘public servant’ within the meaning of the Pocso Act if he is in such a dominant position as contemplated in other categories of Section 5.””Considering the intent, object and purpose of the POCSO Act, an elected representative who wields enormous power and is in a position of dominance over children will have to be treated as a ‘public servant’ for the purposes of the Act, particularly when the Respondent Accused (Sengar) was an MLA of the same constituency where the victim/survivor resided,” he said.”We are conscious of the fact that ordinarily when a convict/under-trial has been released on bail pursuant to an order passed by the trial court or the high court, such order shall not be stayed by this Court without hearing such person,” the SC bench said. “However, the instant matter revolves around certain unique facts and circumstances, wherein the respondent-convict is also separately convicted and sentenced in a case under Section 304 Part II of the IPC and is consequently still in custody. We are informed that in such proceedings also, the respondent-convict has applied for bail, and after hearing the arguments, the order is said to have been reserved by the concerned court.”The bench said the rape survivor had a statutory right to file a separate appeal against the HC order and required no SC permission. “In case she needs any free legal aid, the Supreme Court Legal Services Committee is directed to provide such services to her. However, she may, if so advised, file her appeal through counsel of her own choice,” it said.Hariharan pointed out innuendoes being hurled at the judges of HC bench which granted bail to Sengar and said some allegations going viral on social media were contemptuous. Mehta said the judges in HC division bench were among the finest in the country with unimpeachable integrity and condemned the personal attack unleashed against them.”There are always some elements who attempt to browbeat honest judges. Such devious forces must not be encouraged. The opinion of party (CBI) which lost before the bench of these two honest and brilliant judges must put an end to this controversy generated by some unscrupulous vested interests,” he said.The bench agreed and said it is not uncommon that even the most brilliant and honest judges commit an error. “These two HC judges are among the finest. But we (judges) are all prone to committing errors,” CJI Kant said.End of ArticleFollow Us On Social MediaVideos‘We Will Win In The End’: Kuldeep Sengar’s Daughter Speaks After SC order On Unnao Rape Sentence’No Amount Of Finger Pointing…’: India Slams Pakistan Over Comments On Minorities In India’Blown Up In A Car’: Woman Threatens Asim Munir In Bradford Rally, Pakistan Summons UK EnvoyTurn Chicken’s Neck Into Elephant: Sadhguru Flags Siliguri Corridor As Strategic Weak Link’Won’t Spare A Single Infiltrator’: Amit Shah’s Poll Promise In Assam, Slams Cong Over InfiltrationUnnao Rape Survivor Welcomes Supreme Court Order, Says Legal Fight To Continue Till Sengar Is HangedSupreme Court Stays Its Order On Aravalli Definition, Environment Minister Welcomes Move’Called Minor Matter, Refused FIR’: Tripura Student Angel Chakma’s Father Blasts Uttarakhand PoliceAustralia, US And UK Raise Alarm Over Fake Rabies Vaccine As India Pushes Back On ClaimsShashi Tharoor Slams Racial Attack and Murder of Tripura Student In Dehradun As ‘National Disgrace’123PhotostoriesSpiritual lessons for modern times: Gauranga Das reveals 5 things you should never share about yourself and whyFrom ‘Gangs of Wasseypur’ through ‘Raazi’ to ‘An Action Hero’, Jaideep Ahlawat’s critically acclaimed riseJoint inflammation and arthritis: 5 herbs to combine with giloy for pain relief‘Dabangg’, ‘Bajrangi Bhaijaan’, ‘Sultan’, Salman Khan’s timeless reign since the millenniumInspiring stories of kids who made headlines in 20256 types of Dhoklas to try at home‘Bigg Boss’ 19 fame Tanya Mittal’s accessory game is LIT: From pearl choker to kundan necklacesBharti Singh and newborn son Kaju receive a grand welcome home as family decorates the house for ChristmasFrom Smriti Mandhana-Palash Muchhal to Celina Jaitly-Peter Haag: 7 celebrity break-ups and divorces that shocked fans in 20255 times OpenAI CEO Sam Altman showed that fatherhood comes first123Hot PicksSilver price todayPAN-Aadhaar linkingCristiano RonaldoGold rate todayIncome Tax RefundIndian Railways fareBank Holidays DecemberTop TrendingErika KirkTravis KelceCandace OwensRobert Kraft & Gayle Benson Net WorthNick ShirleyDraymond GreenMicah Parsons ACL SurgeryAnthony Davis vs Luka Doncic Salary ComparisonBoogeyman WifeNew York Yankees
NEW DELHI: The Supreme Court on Monday stayed a week-old Delhi high court order granting bail to former BJP MLA Kuldeep Singh Sengar, convicted of raping a minor in Uttar Pradesh’s Unnao, during pendency of his appeal against conviction and ensured that he is not released from prison.Departing from the general practice of the apex court not interfering with HC orders granting bail, a bench of CJI Surya Kant, and Justices J K Maheshwari and A G Masih said the case against Sengar and the way the HC granted him bail raises several questions of law requiring deeper consideration.“Keeping in mind these peculiar circumstances, we deem it appropriate to stay the operation of the impugned order dated Dec 23 passed by HC. Consequently, the respondent (Sengar) shall not be released from custody…” the bench said.One of the issues raised by CBI through solicitor general Tushar Mehta was that the HC failed to appreciate that Sengar, a public servant being an MLA, was in a dominant position and hence his offence of raping a minor girl must be construed as an aggravated form of sexual assault under IPC and Pocso Act.
‘Public servant’
Such an act under Pocso warrants stringent punishment, which under IPC shall not be less than 10 years imprisonment and could extend up to the entire natural life of the convict.When Sengar’s counsels, senior advocates N Hariharan and Sidharth Dave, questioned the CBI contention about Sengar being a public servant, CJI Kant-led bench said, “We are worried that if the proposition advanced by the convict is accepted then a patwari will be considered a public servant but not MPs and MLAs.” The bench sought Sengar’s response to CBI’s appeal and posted the matter for further consideration on Jan 20.Mehta said, “A person may not be a ‘public servant’ for the purpose of the Prevention of Corruption Act, 1988, but may still be a ‘public servant’ within the meaning of the Pocso Act if he is in such a dominant position as contemplated in other categories of Section 5.”“Considering the intent, object and purpose of the POCSO Act, an elected representative who wields enormous power and is in a position of dominance over children will have to be treated as a ‘public servant’ for the purposes of the Act, particularly when the Respondent Accused (Sengar) was an MLA of the same constituency where the victim/survivor resided,” he said.“We are conscious of the fact that ordinarily when a convict/under-trial has been released on bail pursuant to an order passed by the trial court or the high court, such order shall not be stayed by this Court without hearing such person,” the SC bench said. “However, the instant matter revolves around certain unique facts and circumstances, wherein the respondent-convict is also separately convicted and sentenced in a case under Section 304 Part II of the IPC and is consequently still in custody. We are informed that in such proceedings also, the respondent-convict has applied for bail, and after hearing the arguments, the order is said to have been reserved by the concerned court.”The bench said the rape survivor had a statutory right to file a separate appeal against the HC order and required no SC permission. “In case she needs any free legal aid, the Supreme Court Legal Services Committee is directed to provide such services to her. However, she may, if so advised, file her appeal through counsel of her own choice,” it said.Hariharan pointed out innuendoes being hurled at the judges of HC bench which granted bail to Sengar and said some allegations going viral on social media were contemptuous. Mehta said the judges in HC division bench were among the finest in the country with unimpeachable integrity and condemned the personal attack unleashed against them.“There are always some elements who attempt to browbeat honest judges. Such devious forces must not be encouraged. The opinion of party (CBI) which lost before the bench of these two honest and brilliant judges must put an end to this controversy generated by some unscrupulous vested interests,” he said.The bench agreed and said it is not uncommon that even the most brilliant and honest judges commit an error. “These two HC judges are among the finest. But we (judges) are all prone to committing errors,” CJI Kant said.
