New Delhi, Dec 29 AAP Rajya Sabha member Swati Maliwal on Monday welcomed the Supreme Court's decision to stay the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case, stating that the intervention sends a strong message that crimes against women and children will not be treated lightly.
Taking to social media platform X, Maliwal said: “Welcome the decision of the Hon’ble Supreme Court staying the High Court order granting bail and suspending the sentence of convicted MLA Kuldeep Sengar."
"In a case marked by extreme brutality against a minor, justice must be uncompromising. This intervention sends a strong message that crimes against women and children will not be treated lightly," she added.
In its order, a three-judge Supreme Court bench said: "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."
The bench, led by Chief Justice of India (CJI) Surya Kant and 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.
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