The Supreme Court on Monday stayed the Delhi High Court order that had suspended the life sentence of expelled BJP MLA Kuldeep Singh Sengar in the Unnao rape case. The top court said the case involves serious legal questions, especially about how a “public servant” is defined under the POCSO Act.
A three-judge bench led by Chief Justice of India Surya Kant, along with Justices J.K. Maheshwari and Augustine George Masih, heard the CBI’s petition challenging the High Court’s December 23 order that had allowed Sengar’s sentence to be suspended.
CBI calls the crime a “horrific case of rape of a child”
Solicitor General Tushar Mehta, appearing for the CBI, described the matter as “a horrific case of rape of a child”. He said Sengar had been convicted under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act.
Mehta told the court that the crime involved penetrative sexual assault and that Sengar held power over the minor victim.
“If a person is in a dominant position, it is considered an aggravated assault. In this case, he was a very powerful MLA of that area,” Mehta said.
Urging the court to block the High Court order, he added, “We’re answerable to the child.”
Supreme Court questions who counts as a public servant
The judges closely examined how the POCSO Act defines a “public servant”.
Chief Justice Kant said, “We are worried that a constable shall be a public servant under the act, but a member of the legislature will be excluded!”
Mehta replied that the meaning should depend on whether the accused had power over the victim at the time of the offence. He also said that changes in the law increasing punishments were meant to strengthen action against such crimes.
Sengar’s lawyers raise concerns
Sengar’s legal team argued that he was facing a media trial and said legal meanings from other laws should not be used while interpreting the POCSO Act.
The Supreme Court noted that the issue needed detailed legal review. It said, “Legal issue requires consideration and the judges of the High Court who passed this order are some of the finest judges. But we are all prone to committing errors!”
Justice Maheshwari also pointed out that the High Court had not clearly discussed Section 376(2)(i), which deals with offences by a public servant.
Also Read: Unnao Rape Case: Supreme Court to Decide Fate of Kuldeep Sengar’s Sentence Amid Nationwide Protests
Supreme Court stays Sengar’s release
After hearing both sides, the court said, “We are conscious of the fact that when a convict or undertrial has been released, such orders are not ordinarily stayed without hearing such persons.”
“But 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. The respondent shall not be released pursuant to the said order,” the bench ruled.
The court also issued notices and asked all sides to file their responses within four weeks.
Why Sengar will remain in jail
The Delhi High Court had earlier suspended Sengar’s life sentence after noting that he had already served more than seven years and five months in prison. It had set conditions such as a personal bond of Rs 15 lakh and restrictions on approaching the survivor.
However, Sengar will stay in jail because he is also serving a sentence in a separate case linked to the custodial death of the victim’s father. Appeals in both cases are still pending in court.