Source The Hindu
NEW DELHI – The Supreme Court of India is scheduled to hear a petition filed by the Central Bureau of Investigation (CBI) on Monday, December 29, challenging the Delhi High Court’s recent decision to suspend the life sentence of expelled BJP leader Kuldeep Singh Sengar.
The urgent hearing comes after the Delhi High Court granted bail to Sengar on December 23, 2025, sparking widespread legal debate. A three-judge vacation bench, led by Chief Justice of India Surya Kant and including Justices J.K. Maheshwari and Augustine George Masih, will take up the matter.
CBI Challenges “Perverse” Order
In its Special Leave Petition (SLP), the CBI has described the High Court’s ruling as “contrary to law.” The agency argued that the High Court erred in its interpretation of the POCSO Act, specifically by concluding that Sengar—a sitting MLA at the time of the offense—did not qualify as a “public servant.”
Key arguments from the CBI’s plea include:
Public Servant Status: The CBI maintains that lawmakers hold constitutional offices and must be deemed public servants, carrying a heightened responsibility toward society.
Safety of the Survivor: The agency warned that Sengar is a “highly influential person” and his release could jeopardize the safety and well-being of the survivor and her family.
Gravity of Offense: The CBI contended that “mere long incarceration” should not justify the suspension of a life sentence in cases involving the rape of a minor.
Survivor Alleges Collusion
The legal development follows explosive allegations by the Unnao rape survivor. Over the weekend, she and her mother met with CBI officials to submit a formal complaint, alleging that there was collusion during the legal process to ensure a favorable outcome for Sengar.
“The complaint is that the investigating officer has wronged me… so that her courage would be broken, and she would not be able to pursue the case further,” the survivor told reporters.
Current Legal Status
While the Delhi High Court suspended his life term in the rape case and granted him bail on a personal bond of ₹15 lakh, Kuldeep Singh Sengar remains in jail. He is currently serving a separate 10-year prison sentence for his role in the 2019 custodial death of the survivor’s father.
The case dates back to 2017 when a minor was kidnapped and raped in Unnao, Uttar Pradesh. Sengar was convicted in December 2019 and sentenced to “imprisonment for the remainder of his natural biological life.”
