The Supreme Court will today hear a plea by the Central Bureau of Investigation (CBI) challenging the Delhi High Court’s order suspending the life sentence of expelled Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the Unnao rape case.
According to the cause list, the matter is likely to be heard by a three-judge vacation bench of Chief Justice of India Surya Kant and Justices JK Maheshwari and Augustin George Masih, news agency PTI reported.
The apex court would also hear a separate petition filed by advocates Anjale Patel and Pooja Shilpkar challenging the apex court’s order and seeking its stay.
The CBI appealed the case
In its appeal to the apex court, the CBI referred to its verdict in the LK Advani case, in which it ruled that anyone holding a public office, such as MPs or MLAs, would be considered a public servant. The agency argued that the high court erred in declaring that Sengar, an MLA at the time of the offence, was not a public servant to be prosecuted under POCSO and granted him bail.
“The Supreme Court failed to take into account that a sitting MLA by virtue of holding a constitutional office has public trust and authority over the electorate and that such office carries heightened responsibilities arising from duties to the state and society.”
“She erred in law by not adopting a purposive interpretation that defeats the object and intent of the POCSO Act,” the CBI said.
On December 23, the high court suspended the jail sentence of Sengar, who is serving a life sentence in the Unnao rape case, saying that he had already served seven years and five months in prison.
Unnao Rape Case: The Sentence Suspension
Sengar’s sentence was suspended by the High Court pending the hearing of his appeal against his conviction and sentence in the rape case. He challenged the court’s December 2019 verdict in the case. However, he will remain in jail as he is also serving a 10-year sentence in the death of the victim’s father and was not granted bail in that case.
The Supreme Court imposed several conditions and ordered Sengar, who abducted and raped the survivor when she was a minor, to provide personal bond ₹15 crore with three guarantees of similar amount.
He also directed him not to come within 5 km of the survivor’s residence in Delhi and not to threaten her or her mother. Violation of any of the conditions would lead to cancellation of the bail, the HC said.
The High Court did not take into account that a sitting MLA, by virtue of holding a constitutional office, has public trust and authority over the electorate.
The rape case and other related cases were transferred to Delhi on 1 August 2019 from the trial in Uttar Pradesh on the direction of the Supreme Court.
Also pending is Sengar’s appeal against his conviction in the custodial death of the bereaved father, where he sought a stay of his sentence on the grounds that he had already spent considerable time in prison.
