Apex court puts on hold HC relief for rape convict Sengar

SC SAID DEFINITION OF ‘PUBLIC SERVANT’ GIVEN BY HC IN POCSO CONTEXT WAS DISTURBING, AS IT COULD EXEMPT ELECTED REPRESENTATIVES

- Abraham Thomas

The Supreme Court on Monday stopped the release of former Bharatiya Janata Party (BJP) lawmaker Kuldeep Singh Sengar, staying a Delhi high court’s order last week that had opened the door for him to walk free and noting that the 2017 Unnao rape case convict was found guilty under both the Protection of Children from Sexual Offences Act (Pocso) and the Indian Penal Code.

A special vacation bench comprising Chief Justice of India (CJI) Surya Kant and justices J K Maheshwari and Augustine George Masih, which was hearing the Central Bureau of Investigation’s plea challenging the high court order, said that substantial questions of law had arisen in the matter that required consideration.

The apex court also issued notice to Sengar, seeking his response within four weeks on CBI's plea. It noted that Sengar was also convicted and sentenced in a separate case and was still in custody in that matter.

“In the peculiar circumstances of the case, we stay the operation of the impugned order dated December 23, 2025, passed by the high court. Consequently, the respondent (Sengar) shall not be released from custody pursuant to the said order,” the bench said.

The order was hailed by the survivor, who attempted self-immolation outside the Uttar Pradesh chief minister's residence in 2018 to bring attention to her case.

“I have got justice from the Supreme Court. I will not rest until he is hanged. I will keep fighting,” she said.

Sengar’s family voiced discontent over the top court's order. "We have been stripped of our dignity, our peace, and even our basic right to be heard. Still, I hope for justice," his daughter, Aishwarya Sengar, said in a statement.

Sengar, a strongman politician from the Unnao region of central Uttar Pradesh, has won the assembly elections four times from three different parties, most recently from Bangarmau in 2017 on a BJP ticket.