SC To Hear CBI Plea Against Suspension Of Sengar’s Life Term
The top court would also hear a separate petition filed by advocates Anjale Patel and Pooja Shilpkar, which has challenged the high court order and has sought a stay on it
NEW DELHI: The Supreme Court is scheduled to hear on Monday a plea filed by the Central Bureau of Investigation (CBI) challenging a Delhi High Court order that suspended the life sentence of expelled BJP MLA Kuldeep Singh Sengar in the Unnao rape case.
A three-judge vacation bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George Masih is expected to hear the matter. The apex court will also consider a separate petition filed by advocates Anjale Patel and Pooja Shilpkar seeking a stay on the High Court order.
In its appeal, the CBI referred to a Supreme Court judgment in the L.K. Advani case, which held that holders of public office, including MPs and MLAs, are deemed public servants. The agency argued that the High Court erred in ruling that Sengar, who was an MLA at the time of the offence, was not a public servant and therefore not liable to be prosecuted under the Protection of Children from Sexual Offences (POCSO) Act.
The CBI contended that the High Court failed to recognise that a sitting MLA, by virtue of holding a constitutional office, carries public trust and authority and has enhanced responsibilities towards the state and society. It said the court erred in law by not adopting a purposive interpretation aligned with the objectives of the POCSO Act.
On December 23, the Delhi High Court suspended Sengar’s sentence, noting that he had already served seven years and five months in prison. The suspension will remain in force pending disposal of his appeal against the December 2019 trial court verdict convicting him of kidnapping and raping a minor.
However, Sengar will continue to remain in jail as he is also serving a 10-year sentence in the custodial death case of the survivor’s father, in which he has not been granted bail. His appeal in that case, along with a plea seeking suspension of sentence on the ground of prolonged incarceration, is also pending.
While suspending the sentence in the rape case, the High Court imposed strict conditions, including furnishing a personal bond of ₹15 lakh with three sureties of the same amount. It also directed Sengar not to enter within a five-kilometre radius of the survivor’s residence in Delhi and restrained him from threatening the survivor or her mother. Any violation would lead to cancellation of bail.
The Unnao rape case and related matters were transferred from Uttar Pradesh to Delhi on August 1, 2019, following Supreme Court directions.
