The Supreme Court on Monday put a stop to Kuldeep Sengar’s bail in the 2017 Unnao rape case and ruled that he will remain in jail. The court will hear the matter again in January. While ordering the stay, Chief Justice of India Surya Kant said the Court had heard arguments from the CBI as well as Sengar’s lawyer and found that the case raises several important legal questions. He directed that a reply should be filed within four weeks.
The Chief Justice noted that courts usually do not block a release once bail has been granted, but said this case is different because Sengar has already been convicted in another matter. Given these special circumstances, the Supreme Court suspended the Delhi High Court’s December 23 order and made it clear that Sengar will not be released from custody.
A three-judge Bench of the Supreme Court heard the plea filed by the Central Bureau of Investigation (CBI) on December 29, challenging a Delhi High Court order that suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
According to the cause list available on the apex court’s website, the matter will be taken up by a vacation bench comprising Chief Justice of India (CJI) Surya Kant and Justices JK Maheshwari and Augustine George Masih on Monday.
The CBI had approached the Supreme Court against the Delhi High Court’s December 23 order, which allowed Sengar’s request for suspension of his sentence while his appeal is pending.
Earlier, it had emerged that both the CBI and the victim’s family were planning to challenge the High Court’s decision before the Supreme Court.
Protests against suspension of sentence
Family members of the survivor, along with women’s rights activists, have staged protests against the suspension of Sengar’s sentence, saying the bail order had “shaken public faith” and sent a wrong message on crimes against women.
During the hearing in the Delhi High Court, the CBI had strongly opposed Sengar’s plea, stressing the seriousness of the crime and the possible risks involved.
In its order on December 23, a division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar suspended Sengar’s life sentence and granted him conditional bail during the pendency of his appeal, subject to strict conditions.
What was the Unnao rape case?
The Unnao rape case had sparked nationwide outrage. In December 2019, a trial court convicted Sengar of kidnapping and raping a minor girl and sentenced him to imprisonment for the remainder of his natural life, along with a fine of Rs 25 lakh.
Earlier, the Supreme Court had transferred all cases linked to the incident from Uttar Pradesh to Delhi and directed that the trial be conducted on a day-to-day basis.
The victim in the 2017 Unnao rape case on Sunday said she trusts the Supreme Court to deliver justice and appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure her safety so she can pursue her legal fight without fear.
Speaking at a protest in Delhi, the survivor alleged that Kuldeep Singh Sengar had bribed officials, including the CBI investigating officer and a Delhi High Court judge. She also said her family has faced serious hardships since Sengar was granted bail.
“I have faith that I will get justice in the Supreme Court. Kuldeep Sengar has bribed (Delhi HC) judge and CBI Investigating Officer. My husband’s job was snatched away, my children and witnesses are under threat. Protection must be provided to those whom we name in front of the CBI. I request CM Yogi Adityanath to protect me in a way that I am able to fight my battle fearlessly,” the victim told ANI.
