New Delhi, Dec 29 The Supreme Court on Monday stayed the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
"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 also convicted for a separate offence, we stay the operation of the Delhi High Court," ordered a three-judge Bench led by Chief Justice of India (CJI) Surya Kant.
The bench, also comprising Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar in the Central Bureau of Investigation’s (CBI) plea and directed that a counter-affidavit be filed within four weeks.
The apex court clarified that Sengar will not be released pursuant to the impugned Delhi High Court’s order.
The CJI-led Bench agreed to examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court’s interpretation would mean a police constable could be treated as a "public servant" under the Protection of Children from Sexual Offences (POCSO) Act, while a member of the legislature would stand excluded.
Appearing for the CBI, SG Mehta said the Delhi High Court “erred” in concluding that a legislator would not fall within the category of a “public servant” for the award of sentence.
Placing on record the trial court’s conviction order, the Centre’s second-highest law officer highlighted that the victim was below 16 years of age -- approximately 15 years and 10 months -- at the time the offence of rape was committed on her.
The SG also added that Sengar could not walk out of jail as he is serving a separate 10-year sentence in cases linked to the death of the survivor’s father in 2018. "This convict was held guilty of murdering the father of the survivor. He is still in jail for that. I urge the conscience of this court to stay this order for the sake of the child who was a victim of this," he submitted.
In its order, the Supreme Court clarified that the survivor may file a separate special leave petition (SLP) before the apex court, if required, and that the SC Legal Services Committee would provide legal aid.
Earlier on December 23, a Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar of the Delhi High Court had suspended Sengar's life sentence and granted him conditional bail during the pendency of his appeal, subject to strict conditions.
The bail order had triggered protests by the survivor’s family and women’s rights activists, who said it had "shaken public faith" and sent a wrong message on crimes against women
In December 2019, the trial court had 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. The Supreme Court had earlier transferred all cases related to the incident from Uttar Pradesh to Delhi and directed that the trial be conducted on a day-to-day basis.
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