Key Points:
The CBI has moved the Supreme Court of India challenging the Delhi High Court order granting bail and suspending the sentence of former BJP MLA Kuldeep Singh Sengar, calling the verdict legally flawed and perverse.
CBI also warned that Sengar remains powerful with money and muscle power, and his release could seriously endanger the Unnao rape case survivor and her family, undermining the core objective of the POCSO Act to protect children’s dignity and safety.
CBI cited multiple provisions of the Indian Law emphasising that Sengar held the authority of being a public servant, and that the High Court made an error in its judgement. The survivor also met Rahul Gandhi earlier.
The (Central Bureau of Investigation) CBI has moved the Supreme Court against the Delhi High Court’s order of granting bail to, and suspending the sentence of former BJP MLA Kuldeep Singh Sengar. In its appeal filed on Friday, December 26, 2025, the CBI questioned the safety and security of the Unnao Rape Case survivor and her family. The appeal comes days after the survivor and her mother visited Rahul Gandhi and Sonia Gandhi, protesting against the Delhi High Court’s verdict.
In the SLP filed before the Honourable Supreme Court against the Delhi High Court’s decision, the CBI terms the order as ‘perverse’. CBI appealed that the order was flawed and distorted, and contrary to law. The verdict delivered by the Delhi High Court while deciding the suspension of Sengar’s statement, stated that Sengar didn’t fall under the purview of a public servant. It observed that the offence didn’t apply to the appellant (the one who appeals) under section 5 (c) of the POCSO (Prevention of Children from Sexual Offences) Act, as he (Sengar) didn’t fall under the definition of public servant.
The Section 5 of the POCSO Act refers to “Aggravated penetrative sexual assault”. Section 5 (c) mentions the condition on whom the act will be applicable: “whoever being a public servant commits penetrative sexual assault on a child”.
CBI argued that the High Court made an error in judgement while interpreting Section 5 (c) of the POCSO Act. It said that Sengar, being a sitting MLA and by the virtue of exercising a constitutional post, was indeed a public servant who was obligated to serve the public’s interests. Sengar also carried authority with the electorate, and his position defined an immense responsibility to the state and society, CBI added.
CBI also said that Sengar is still a powerful person, with muscle and money power, and his release would not only be against the law, but also jeopardise the survivor and her family’s safety. It remarked that the survivor’s safety and security would be at peril upon Sengar’s release. CBI also argued that the High Court didn’t appreciate the main objective of the POCSO Act. THE POCSO Act not only recognises the constitutional rights of children to care, safety and dignity but also protection from sexual abuse and exploitation, it added.
CBI also cited multiple other rules and provisions of the Indian Law that maintain its position of Sengar being a public servant at the time. It noted that Section 21 of the IPC, Section 2 (c) of the Prevention of Corruption Act, 1988, and Section 5 (c) of the POCSO Act, 2012, implied upon careful consideration that those in positions of authority and public duty, are accountable for their misconduct. These provisions also ensure that MPs, MLAs, government functionaries or those accounting for public duties are deemed to be public servants, and must be treated as such while interpreting Law.
Hours after the Delhi High Court delivered its verdict, the survivor and her family protested at India gate against the order. Later, she also met Rahul Gandhi and Sonia Gandhi on Wednesday, December 24, 2025. In a post on X, Rahul Gandhi criticised the Court’s decision, stating that “granting bail to Sengar is extremely disappointing and shameful—especially when the survivor is being repeatedly harassed, and is living under the shadow of fear.”
Addressing the media on Wednesday, December 24, 2025, the survivor mentioned that the thought of her children prevented her from committing suicide, after hearing the High Court’s verdict. She also added that Rahul Gandhi and Sonia Gandhi had tears in their eyes after meeting her, and she hopes of meeting Prime Minister Narendra Modi, Home Minister Amit Shah and President Droupadi Murmu.
(GP)
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