The Supreme Court has stayed the Delhi High Court’s bail to ex-MLA Kuldeep Sengar in the 2017 Unnao rape case. CJI Surya Kant said he should not be released.
“Issue notice. We have heard SG Mehta for CBI and seniors for the convict. We find that there are various substantial queurons of law which arises. Counter be filed in 4 weeks. We are conscious of the fact that when convict or undertrial has been released such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts where convict is convicted for a separate offence. We STAY OPERATION DELHI HC ORDER DATED DECEMBER 23, 2025, AND THUS RESPONDENT SHALL NOT NE RELEASED PURSUANT TO THE SAID ORDER,” CJI said.
A three-judge vacation bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George Masih heard the case.
CBI Challenges High Court’s Interpretation of ‘Public Servant’
In its appeal before the Supreme Court, the CBI had referred to a previous verdict of the apex court in the L.K. Advani case, which held that individuals holding public office, including Members of Parliament and Members of Legislative Assembly, are deemed public servants.
The agency contended that the Delhi High Court erred in holding that Kuldeep Singh Sengar, who was an MLA at the time the offence was committed, was not a public servant for the purposes of prosecution under the Protection of Children from Sexual Offences (POCSO) Act. On this basis, the CBI argued, the high court wrongly granted him bail.
Delhi High Court Order On Unnao Rape Case
On December 23, the Delhi High Court suspended the jail term of Kuldeep Singh Sengar, who is serving life imprisonment in the Unnao rape case, noting that he had already spent seven years and five months in prison.
The high court suspended Sengar’s sentence until the disposal of his appeal challenging both his conviction and sentence in the rape case.
Sengar had moved the high court against a December 2019 trial court verdict that found him guilty in the case.
Despite the suspension of his life sentence in the rape case, Sengar will continue to remain in jail. He is currently serving a separate 10-year sentence in connection with the custodial death of the rape survivor’s father.
The former MLA has not been granted bail in the custodial death case.
Unnao Rape Case Survivor Expresses Faith in Supreme Court, Seeks Protection
The survivor in the 2017 Unnao rape case, speaking on Sunday during a protest in Delhi, said she has faith that she will receive justice from the Supreme Court.
She also appealed to Uttar Pradesh Chief Minister Yogi Adityanath to ensure her safety so that she can pursue her legal battle without fear.
The survivor alleged that Kuldeep Singh Sengar had bribed officials, including the CBI Investigating Officer and a Delhi High Court judge, and claimed that her family has suffered severe consequences following Sengar’s bail.
“I have faith that I will get justice in the Supreme Court. Kuldeep Sengar has bribed (Delhi HC) judge and CBI Investigating Officer. My husband’s job was snatched away, my children and witnesses are under threat. Protection must be provided to those whom we name in front of the CBI. I request CM Yogi Adityanath to protect me in a way that I am able to fight my battle fearlessly,” the rape survivor told ANI.
Zubair Amin is a Senior Journalist at NewsX with over seven years of experience in reporting and editorial work. He has written for leading national and international publications, including Foreign Policy Magazine, Al Jazeera, The Economic Times, The Indian Express, The Wire, Article 14, Mongabay, News9, among others. His primary focus is on international affairs, with a strong interest in US politics and policy. He also writes on West Asia, Indian polity, and constitutional issues. Zubair tweets at zubaiyr.amin
