Supreme Court Intervenes in Kuldeep Sengar's Bail Case

The Supreme Court of India intervened on Monday to stay the Delhi High Court's recent order that had suspended Kuldeep Singh Sengar's life sentence in the 2017 Unnao rape case. This decision came in response to a plea from the Central Bureau of Investigation (CBI), which raised significant legal concerns regarding the interpretation of laws pertinent to accountability for elected officials.

Chief Justice Surya Kant led a three-judge vacation bench, which included Justices JK Maheshwari and Augustine George Masih. The bench made it clear that Sengar, a former member of the Bharatiya Janata Party (BJP), would not be released from custody, as he remains in jail due to a separate case involving the custodial death of the victim's father.

In its ruling, the Supreme Court acknowledged that suspensions of sentences are generally not stayed without the convict being heard. However, the bench pointed out that the "peculiar facts" surrounding this case necessitated immediate action. "We have heard Solicitor General Tushar Mehta for the CBI and senior advocates for the convict... Counter will be filed in four weeks. We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi high court order dated December 23, and thus the respondent shall not be released pursuant to the said order," the bench stated.

Legal Interpretation of 'Public Servant'

A central issue in the CBI's appeal is whether a Member of the Legislative Assembly (MLA) can be classified as a "public servant" under the Protection of Children from Sexual Offences (POCSO) Act. Solicitor General Tushar Mehta contended that Sengar, who held considerable influence as an MLA at the time of the crime, exercised control over the minor victim, placing him within the scope of aggravated sexual assault as defined by law.

In contrast, Sengar's legal representatives, including senior advocates Siddharth Dave and N Hariharan, argued that the designation of MLA does not automatically categorise an individual as a public servant under the POCSO Act.

The Supreme Court expressed concern regarding the implications of the High Court's interpretation, suggesting that it might permit lawmakers to evade stricter penalties. "We are worried that a constable or patwari will be a public servant under the Act, but an MLA or MP will not be and get exempted," the bench observed.

Why This Ruling Matters

Section 5 of the POCSO Act categorises sexual assault as "aggravated" if perpetrated by a public servant or an individual in a position of authority, leading to a minimum sentence of 20 years, which can extend to life imprisonment. In 2019, a trial court in Delhi determined that Sengar met the criteria for being considered a public servant and sentenced him to life imprisonment. The recent suspension of that sentence by the High Court faced substantial criticism, with the CBI arguing that it undermined the law's intent. The Supreme Court's latest decision will examine whether the High Court erred in its exclusion of legislators from the definition of "public servant" under the POCSO Act.

Reactions from the Survivor

The survivor of the Unnao rape case welcomed the Supreme Court's intervention, expressing her confidence in the judicial system. "I am very happy. I had faith in the Supreme Court. I will ensure that he is given a death sentence," she stated while speaking to reporters.

Additionally, the survivor's mother has urged the government to provide security for her family and legal representatives. "My family needs security. Our advocates need security. I request that the government keep us all safe," she said.

With the Supreme Court now involved, the legal proceedings surrounding Kuldeep Singh Sengar's case continue to unfold, highlighting critical issues concerning the intersection of politics, law, and accountability in India.