The Supreme Court on Monday, December 29, put a stay on the Delhi High Court’s order that had granted conditional bail to former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, offering relief to the survivor and her family.
The top court’s intervention came days after the Delhi High Court suspended Sengar’s life sentence and allowed him bail on a ₹15 lakh bond. The order had triggered sharp reactions from the victim, civil society groups, and the Central Bureau of Investigation (CBI), all of whom moved the apex court seeking an urgent stay.
What the Supreme Court said
A special vacation bench led by Justice Surya Kant, along with Justice J K Maheshwari and Justice Aravind Kumar Masih, heard the matter and stayed the High Court’s December 23 order.
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The bench took note of the concerns raised by the CBI and the victim, effectively keeping Sengar behind bars for now.
Why the CBI approached the apex court
The CBI challenged the Delhi High Court’s reasoning, which had held that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against Sengar. The High Court had also ruled that Sengar could not be treated as a “public servant” under Section 5(c) of the POCSO Act or Section 376(2)(b) of the IPC.
Appearing for the CBI, Tushar Mehta argued that the High Court’s findings warranted urgent scrutiny, given the gravity of the case and its wider implications.
Sengar still in jail despite bail order
Even after the High Court granted bail in the rape case, Sengar was not expected to walk free immediately. He is currently serving a separate 10-year sentence in connection with the death of the victim’s father, who died in custody in 2018 under controversial circumstances.
Victim’s reaction and security concerns
The rape survivor and her family have openly opposed the Delhi High Court’s order. Speaking to the media during protests, the victim said she had full faith in the Supreme Court and alleged threats to her family and witnesses.
She also appealed to Yogi Adityanath to ensure her safety so she could pursue the case without fear. Security outside the Supreme Court was tightened ahead of the hearing, with both the victim and Sengar’s legal team present in court.
Background of the Unnao case
The case dates back to June 2017, when a minor girl was raped in Uttar Pradesh’s Unnao district. After a prolonged legal battle and public outrage, Kuldeep Singh Sengar was convicted and sentenced to life imprisonment in December 2019.
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The Supreme Court is also scheduled to hear a separate plea filed by two advocates seeking a formal stay on the High Court’s order, as reported by PTI.
For now, the apex court’s stay ensures that the status quo remains, as the legal fight over one of India’s most closely watched criminal cases continues.
