The Supreme Court stayed the Delhi High Court order that had suspended Kuldeep Singh Sengar’s life sentence
The court raised serious concerns over the High Court’s interpretation that an MLA cannot be treated as a “public servant”
Sengar will continue to remain in jail, as he is also serving a 10-year sentence in the custodial death case of the victim’s father
On Monday, December 29, 2025, the Supreme Court of India stayed the Delhi High Court order in the Unnao rape case. The Delhi High Court had earlier suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the 2017 Unnao rape case involving a minor.
The bench was headed by Chief Justice of India Surya Kant, along with Justices JK Maheshwari and Augustine George Masih. The court passed the order while hearing two petitions filed by the Central Bureau of Investigation (CBI) and two advocates challenging the High Court’s decision dated December 23, 2025.
The apex court directed that Sengar shall not be released from custody pursuant to the High Court order. Issuing notice to Sengar, the Supreme Court observed that “substantial questions of law” arise for consideration in the matter. The Court granted four weeks’ time for filing a counter affidavit and posted the case for further hearing thereafter.
The court noted, “We are conscious of the fact that when a convict or undertrial has been released, such orders are not ordinarily stayed by this Court without hearing such persons.” However, in view of the “peculiar facts” of the case, since Sengar continues to be in jail in another conviction, the Court found it appropriate to intervene.
“Respondent is convicted and sentenced in another case under Section 304 Part II of the IPC and is in custody in that case. We stay the operation of the impugned order in peculiar facts,” the bench said.
A major legal issue before the Supreme Court is the Delhi High Court’s interpretation of the term “public servant” under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act. The High Court had ruled that Sengar, being an MLA, could not be treated as a public servant, and therefore the aggravated penetrative sexual assault provisions under the POCSO Act and Section 376(2) of the IPC were not attracted on the ground of “position of trust or authority”.
The Supreme Court expressed serious concern over this reasoning. “We are worried that a constable shall be a public servant under the Act but a member of the legislature will be excluded,” the Chief Justice said. Justice Maheshwari also noted that the High Court failed to examine Section 376(2)(i) of the IPC, which was in force at the time of the offence and deals with the rape of a minor.
The apex court further noted that Sengar would remain in jail regardless, as he is serving a 10-year sentence in a separate case related to the custodial death of the victim’s father, in which he has not been granted bail.
Earlier, on December 23, the Delhi High Court had suspended Sengar’s life sentence and granted him bail while his appeal was pending, noting that he had already spent more than seven years in jail. This decision was challenged by the CBI, which argued that releasing Sengar could threaten the victim’s safety and undermine public confidence in the justice system.
Kuldeep Singh Sengar was convicted in December 2019 by a special CBI court for raping a minor girl in Unnao district of Uttar Pradesh and was awarded a life sentence. The case triggered nationwide outrage, with the victim and her family accusing Sengar and his supporters of harassment and threats. On the directions of the Supreme Court, the case was transferred from a trial court in Uttar Pradesh to Delhi in 2019. The matter will be taken up again after responses are filed.
[VP]
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