New Delhi: The Supreme Court of India is scheduled to hear a plea by the Central Bureau of Investigation (CBI) on Monday, December 29, challenging the Delhi High Court’s decision to suspend the life sentence of Kuldeep Singh Sengar, the expelled BJP legislator convicted in the 2017 Unnao rape case, according to reports.
Sengar was convicted in December 2019 for kidnapping and raping a minor girl in Unnao, Uttar Pradesh, and was sentenced to life imprisonment. He also remains in jail on a separate 10-year sentence in a custodial death case related to the victim’s father.
On December 23, a division bench of the Delhi High Court suspended Sengar’s life sentence while his appeal against conviction is pending, and granted him conditional bail on a personal bond of Rs 15 lakh with restrictions, including staying at least five kilometers from the victim’s residence and refraining from any contact.
The CBI has challenged this order before the Supreme Court, arguing that the High Court erred in law by concluding that Sengar was not a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act at the time of the offence and that the suspension of his sentence was contrary to law. The agency has also opposed the finding that the sentence suspension was justified based on time already served.
A three-judge vacation bench headed by Chief Justice of India Surya Kant will take up the CBI plea on Monday.
The High Court decision has sparked widespread criticism, protests and public outrage. Women activists and civil society groups held demonstrations at Jantar Mantar in New Delhi on Sunday demanding justice for the Unnao rape survivor.
The victim and her family have publicly questioned the suspension, citing fears for their safety and calling for full enforcement of the original sentence. The victim’s mother and supporters have protested near the Delhi High Court, asserting that bail should be rejected. Earlier protests also erupted outside the High Court following the suspension order on December 23.
The Unnao rape case drew national attention after the survivor attempted self-immolation outside the Uttar Pradesh Chief Minister’s residence in April 2018, alleging delays and intimidation in the investigation. Following that, the trial was transferred to Delhi; Sengar was convicted by a Tis Hazari court in 2019 based on the survivor’s testimony and other evidence.
The victim’s father later died in judicial custody under circumstances linked to the case, intensifying public concern and legal scrutiny.
The Supreme Court hearing on Monday will be a key legal turning point in whether the High Court’s suspension of Sengar’s life sentence will be upheld, stayed or overturned. Pending that decision, Sengar remains in jail on other sentences.
