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, saying the matter raises serious legal questions 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, was hearing a petition filed by the CBI challenging the Delhi High Court’s December 23 order. The High Court had earlier suspended Sengar’s sentence, citing the period he had already spent in jail.
Appearing for the CBI, Solicitor General Tushar Mehta called the case “a horrific case of rape of a child” and told the court that Sengar was convicted under Section 376 of the IPC and Sections 5 and 6 of the POCSO Act. He said the crime involved penetrative sexual assault and that Sengar held a dominant position over the minor survivor.
“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 told the court, urging it to stay the High Court order. “We are answerable to the child,” he added.
The bench questioned how the term public servant should be understood under the POCSO Act. Chief Justice Kant remarked, “We are worried that a constable shall be a public servant under the Act, but a member of the legislature will be excluded.”
Mehta explained that the idea of a public servant under POCSO should be seen in context and should include anyone who enjoys a position of power or dominance at the time of the offence. He also said that changes in the law increasing punishment were meant to strengthen action against such crimes and did not create a new offence.
Sengar’s lawyers argued that definitions from other laws could not be applied to POCSO and raised concerns about media trials. The bench, however, said the legal issues needed careful examination. “The legal issue requires consideration. The judges of the High Court are some of the finest judges, but we are all prone to committing errors,” the court observed.
After hearing arguments, the Supreme Court said it was aware that orders granting release are usually not stayed without hearing the person concerned. However, it added that the facts of this case were different. “In view of the peculiar facts, 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 said.
The court issued notice to the parties and asked for counter affidavits to be filed within four weeks. As a result, Sengar will continue to remain in jail. He is also serving a sentence in a separate case related to the custodial death of the survivor’s father. Appeals in both cases are still pending.
Reacting to the Supreme Court’s decision, survivor’s lawyer Hemant Kumar Maurya said, “We thank the Supreme Court for today’s order. The survivor also wants to express her gratitude. The court has made it clear that the accused will not be released from jail under any circumstances.”
Congress leader Mumtaz Patel also welcomed the order and said, “We are hopeful now that justice will be given to the survivor. Kuldeep Sengar should be given the death sentence. A new law should be brought in under which rapists are given the death penalty.”
