The Supreme Court on Monday put a hold on the order of the Delhi High Court that suspended the life sentence of expelled BJP MLA Kuldeep Singh Sengar in the Unnao rape case. It says that the matter raises serious legal questions under the POCSO Act.
The bench led by the CJI of India Surya Kant heard the petition filed by the CBI, which challenges the Delhi High Court’s December 23 order. Meanwhile, the High Court, giving the statement that the period had already been spent in jail, suspended Sengar’s sentence.
“We find that there are substantial questions of law. Issue notice. Ordinarily, when a convict/undertrial has been released on bail pursuant to a TC/HC order, such order should not be stayed by this court without hearing such person. However, the respondent is convicted and sentenced in another case under s.304 Part 2 IPC and is in custody in that case. We stay operation of the impugned order in peculiar facts. Respondent shall not be released from custody pursuant to the impugned order. The victim has a statutory right to file a separate SLP. She does not require liberty from this court. If she requires free legal aid, the SC Legal Service Committee shall provide free legal aid. She may file her appeal through her own counsel also,” the court said, and Livelaw reported.
Mehta said the term “public servant” under the POCSO Act should be interpreted broadly and in context to include anyone who held a position of power or exercised dominance at the time of the offense.
“POCSO Act to have overriding effect…this convict was also held guilty of killing the survivor’s father and some other people…he is still in jail…he has not been able to come out… I urge your lordships to stay the order. “We are answerable to the child who was 15 years old!” he said, and LiveLaw reported.
After hearing the arguments, the Supreme Court noted that orders granting release are generally not stayed without first hearing the concerned person. However, it said the present case stood on a different footing. Citing its “peculiar facts,” the bench stayed the operation of the Delhi High Court’s December 23, 2025, order and directed that the respondent shall not be released under it.
Meanwhile, “Matter requires consideration. We are inclined to stay the order. The general principle is once someone has been released, the person will be heard. But here, he continues to be in custody (in a separate case),” the CJI said.
