New Delhi : The SC on Monday put on hold the Delhi High Court’s order granting bail to former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, ruling that he will not be released from custody. A bench led by Chief Justice of India Surya Kant said the case raised “substantial questions of law” and issued notice on the matter.
The Chief Justice flagged the implications of the interpretation adopted by the Delhi High Court, asserting that if accepted, even a constable or a patwari would qualify as a public servant, while an MLA or MP could be excluded and claim exemption. Counsel appearing for the rape survivour sought permission to intervene, but the court said she could file an independent appeal. However, it said the present case involved “peculiar facts”, as Sengar stands convicted and sentenced under Section 304 Part II of the IPC in another case and remains in custody on that count.
The bench directed that the operation of the impugned bail order be stayed and made it clear that Sengar shall not be released pursuant to the High Court’s ruling. Acting on a plea filed by the Central Bureau of Investigation (CBI), the Supreme Court also issued a notice to Kuldeep Sengar, seeking his response in the matter. The court also underlined that the survivour has a statutory right to file a separate special leave petition and does not require the court’s permission to do so.
The Unnao rape case dates back to 2017, when a minor girl accused then BJP MLA Kuldeep Singh Sengar of raping her in Uttar Pradesh’s Unnao district. The case sparked nationwide outrage amid allegations that police initially refused to register an FIR and that the survivor and her family were threatened and harassed.
In April 2018, the survivor attempted self-immolation outside the Uttar Pradesh Chief Minister Yogi Adityanath’s residence, accusing authorities of inaction. Following widespread protests and intense media scrutiny, the investigation was handed over to the Central Bureau of Investigation. The Supreme Court later transferred the trial from Uttar Pradesh to Delhi to ensure a fair process.
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