

The CBI has filed a petition in the Supreme Court against Delhi High Court’s decision to suspend the life sentence of former BJP MLA Kuldeep Sengar.
BJP leaders including Brij Bhushan Sharan Singh and Sakshi Maharaj defended Sengar, calling his conviction a conspiracy
The High Court granted bail citing completion of the minimum POCSO sentence and ruled that Sengar was not a “public servant” under the Act
The Central Bureau of Investigation (CBI) has moved the Supreme Court against the Delhi High Court’s decision to suspend the life sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case, raising serious concerns over the safety of the survivor and her family. The High Court granted Sengar conditional bail on December 23, 2025, citing the fact that he has already spent over seven years in prison.
Although Sengar will remain in jail due to a separate 10-year sentence in the custodial death case of the victim’s father, the suspension of his life sentence has triggered nationwide protests, sharp political reactions, and renewed scrutiny of the justice system.
Following the High Court order, the Unnao rape survivor broke down publicly, alleging that the judicial process was biased in favour of the powerful. “When the verdict came, I felt like killing myself. But I thought about my children and family and stopped myself,” she said.
Opposition leaders and civil society groups echoed her concerns, questioning why leniency was shown to a convict. They said the convict was accused not only of raping a minor but also of influencing events that led to the custodial death of her father and the killing of her relatives in a suspicious road accident.
The December 23 verdict was delivered by a bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan. Critics argue that the decision undermines the spirit of justice in a case that symbolises systemic failure.
The controversy deepened after BJP leader and former Kaiserganj MP Brij Bhushan Sharan Singh openly defended Sengar, calling his conviction the result of a conspiracy and declaring Sengar innocent. “Who punished him? The court. Who suspended the sentence? The court. When Kuldeep Sengar was sentenced by the court, the decision was respected and appreciated. Now, when the court has suspended the sentence of Kuldeep Sengar, you are raising questions on this. This means you do not trust the court,” Singh said, dismissing protests as unnecessary.
Drawing parallels with his own legal troubles, Brij Bhushan claimed that a global conspiracy had also been hatched against him and that a similar conspiracy was carried out against Kuldeep Sengar.
BJP MP Sakshi Maharaj, a long-time associate of Sengar and the sitting MP from Unnao, has also previously expressed support. In 2019, Sakshi Maharaj met Sengar in jail after winning the Lok Sabha election and said he went there to thank him, describing Sengar as a “popular leader.”
Meanwhile, Uttar Pradesh cabinet minister Om Prakash Rajbhar mocked the survivor’s protests in Delhi. He started laughing off about the safety concerns and said that the court had already ordered Sengar to stay at least five kilometres away from the victim’s family. He also laughed and questioned why the protest was held at India Gate when the survivor’s home is in Unnao.
The Delhi High Court suspended Sengar’s sentence on the ground that he had completed more than the minimum seven-year sentence prescribed under Section 4 of the POCSO Act. As of November 30, 2025, Sengar had served approximately seven years and five months in prison.
A key legal issue before the court was whether Sengar, as an MLA, could be considered a “public servant” under POCSO. The court observed that Section 5(c) of the POCSO Act did not apply to the appellant, as Sengar did not fall under the definition of a public servant.
Despite objections from the survivor’s counsel, the court suspended the sentence pending appeal, while imposing conditions barring Sengar from approaching or threatening the victim.
The CBI filed a Special Leave Petition in the Supreme Court on December 26, 2025, challenging the High Court order. In its appeal, the agency warned that the survivor and her family remain vulnerable despite the imposed restrictions, and that their security and safety are in question. The CBI has sought an urgent hearing, arguing that the suspension of sentence sends a dangerous signal in cases involving sexual violence and abuse of power.
[VP]
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