Supreme Court stays Delhi HC's bail to ex-BJP MLA Kuldeep Sengar in 2017 Unnao rape case

The Supreme Court on Monday (Dec 29) stayed the order of Delhi High Court which granted bail to former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. A vacation bench led by CJI Surya Kant heard Central Bureau of Investigation’s (CBI) plea challenging the Delhi HC order suspending the life sentence awarded to former Uttar Pradesh MLA. After the order, the Delhi High Court faced massive backlash with the victim's side alleging that the investigating officer (IO) colluded with a judge to ensure the accused side wins.

In the order the top court said, “We find that there are substantial questions of law. Issue notice. Ordinarily, when a convict/undertrial has been released on bail pursuant to TC/HC order, such order should not be stayed by this court without hearing such person. However, respondent is convicted and sentenced in another case under s.304 Part 2 IPC and is in custody in that case. We stay operation of impugned order in peculiar facts. Respondent shall not be released from custody pursuant to the impugned order. Victim has a statutory right to file separate SLP. She does not require liberty from this Court. If she requires free legal aid, SC Legal Service Committee shall provide free legal aid. She may file her appeal through her own counsel also."

What was Delhi HC's decision?

The Delhi High Court, in a decision made by Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar, suspended the sentence and released the former Bharatiya Janata Party (BJP) leader on bail, requiring him to furnish a bond of ₹15 lakh. Sengar had been sentenced to life imprisonment in December 2019 after being convicted for the rape of a 17-year-old girl in Unnao, Uttar Pradesh, in 2017. The Delhi High Court suspended his life sentence, citing that Sengar had already served more time than the maximum sentence allowed under the Protection of Children from Sexual Offences (POCSO) Act.

Protest after Delhi HC's decision

Protest erupted after the High Court's decision outside its premises, with demonstrators voicing strong opposition to granting bail to Sengar. The victim's mother expressed her anger, saying, “His bail should be rejected. We will appeal to the Supreme Court. We have lost faith in the High Court... If we don’t get justice there, we will look for it elsewhere. The man responsible for my husband's death should face the death penalty.” Footage shared by the news agency ANI showed security forces urging protesters to disperse immediately, warning that legal action would be taken if they failed to leave within five minutes. Earlier, the rape survivor and her mother were forcefully removed by the Delhi Police from a protest site near India Gate, according to reports.

What is Unnao rape case?

The Unnao rape case refers to the 2017 abduction and rape of a 17-year-old minor girl in the Unnao district of Uttar Pradesh, India, by Kuldeep Singh Sengar, a then-sitting Member of the Legislative Assembly (MLA) from the Bharatiya Janata Party (BJP). Despite reporting the crime, local police initially refused to name Sengar in the First Information Report (FIR). In April 2018, the survivor attempted to self-immolate herself outside the residence of the Uttar Pradesh Chief Minister Yogi Adityanath, to protest police inaction. Shortly after, her father died in judicial custody following an assault by Sengar’s brother and associates. In 2019, when the hearing of the case was going on, a truck with blackened license plates rammed into the survivor’s car while she was traveling to court. Two of her aunts were killed, and the survivor was critically injured.