The Supreme Court on Monday stayed the operation of the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
Hearing a plea filed by the Central Bureau of Investigation, the top court issued notice and made it clear that Sengar will not be released from jail.
A bench led by Chief Justice of India Surya Kant observed that there are “substantial questions of law” involved in the matter that require detailed examination.
The court noted that ordinarily, an order granting bail or suspending a sentence is not stayed without hearing the convict. However, given the circumstances of the case, the bench decided to stay the Delhi High Court’s order, especially since Sengar is already serving imprisonment in another criminal case.
The Supreme Court also flagged ambiguity over the interpretation of the term “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, an issue that lies at the heart of the dispute. The bench said the question of whether an elected MLA falls within the definition of a public servant under the Act requires careful consideration.
