The Supreme Court of India stayed the Delhi High Court’s recent order that had suspended the life sentence of expelled BJP leader Kuldeep Singh Sengar. The stay ensures that Sengar, convicted in the 2017 Unnao rape case, will remain in prison.
The Bench and the Ruling
A vacation bench comprising Chief Justice of India (CJI) Surya Kant, Justice JK Maheshwari, and Justice Augustine George Masih issued the stay following a plea by the Central Bureau of Investigation (CBI).
While the court acknowledged the general principle that liberty granted by a lower court is not typically revoked without a hearing, CJI Surya Kant noted the “peculiar facts” of this case. Specifically, the bench highlighted that Sengar is already serving a separate 10-year sentence in the custodial death case of the survivor’s father.
“In view of peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi High Court order dated December 23, 2025. Thus, the respondent [Sengar] shall not be released,” the CJI stated.
Legal Ambiguity: Is an MLA a ‘Public Servant’?
The Supreme Court expressed concern over the Delhi High Court’s interpretation of the POCSO Act. The High Court had previously granted bail after ruling that Sengar could not be treated as a “public servant” under Section 5(c) of the Act.
The Supreme Court bench flagged this as a “substantial question of law,” warning that such an interpretation could lead to a scenario where lower-level officials (like a patwari or constable) are held to the standard of a public servant, while lawmakers (MLAs and MPs) are exempted.
Reaction from the Survivor
The Unnao rape survivor welcomed the Supreme Court’s intervention. Speaking to reporters, she expressed her relief:
- On the Ruling: “I am very happy with this decision. I have got justice from the Supreme Court. I have been raising my voice for justice from the very beginning.”
- On Faith in the Judiciary: She reiterated her full faith in the legal system, stating that the stay order has restored her hope for ultimate justice.
Background of the Case
- December 2019: Kuldeep Singh Sengar was convicted by a Delhi trial court for the kidnapping and rape of a minor in 2017. He was sentenced to life imprisonment and fined ₹25 lakh.
- December 23, 2025: The Delhi High Court suspended his sentence, citing that he had already served over seven years in jail.
- Present: The CBI challenged this suspension in the Supreme Court, leading to today’s stay.
The Supreme Court has issued a notice to Sengar to file a response within four weeks. The matter is expected to be heard again in the last week of January 2026.
