The Supreme Court has delivered a major setback to Kuldeep Singh Sengar, the convicted former MLA in the Unnao rape case, by staying the Delhi High Court order that had suspended his life sentence. A bench headed by Chief Justice of India (CJI) Suryakant, while hearing a petition filed by the CBI, imposed an interim stay on the High Court’s decision.

The CBI had approached the Supreme Court challenging the relief granted by the Delhi High Court, arguing that suspending the sentence of a convict guilty of such a grave offence was against the principles of justice and sent a wrong message to society.

During the hearing, the Solicitor General submitted that this was a case where the court must give paramount importance to the rights and dignity of the survivor. He said the justice system is accountable to the victim who suffered a heinous crime. In response, the CJI gave a clear indication that the court was inclined to stay the High Court’s order.

The Supreme Court also raised an important question during the proceedings on whether Kuldeep Sengar should be considered a “public servant.” The CJI observed that if the accused was an MLA at the time of the offence, the concept of a public servant would indeed apply. The CBI argued that a person holding a constitutional position such as an MLA enjoys special public trust, and offences committed by such individuals are even more serious.

In its petition, the CBI cited the Supreme Court’s ruling in the L.K. Advani case, stating that public representatives such as MPs and MLAs fall under the category of public servants. The agency alleged that the High Court committed a serious error by holding that Sengar was not a public servant at the time of the offence.

Ahead of the hearing, the survivor and her mother reached the Supreme Court, expressing hope for justice. Meanwhile, workers of the Women’s Congress staged a protest outside the Supreme Court premises over the issue, following which they were detained by the police.

Kuldeep Singh Sengar was convicted in the Unnao rape case and sentenced to life imprisonment by a trial court in December 2019. He is currently serving his sentence in jail. On December 23, the Delhi High Court had suspended his sentence, citing that he had already spent more than seven years in custody. The CBI and the survivor subsequently challenged this order before the Supreme Court.

The case is being heard by a three-judge bench comprising Chief Justice Suryakant, Justice J.K. Maheshwari, and Justice Augustine George Masih. The Supreme Court has made it clear that the stay on the Delhi High Court order will remain in force until a final decision is delivered.