The Supreme Court on Monday declined to grant immediate relief to rape-convict and former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar in the custodial death case of the Unnao rape victim’s father, instead directing the Delhi High Court to hear his appeal expeditiously and decide his bail plea within a period of three months.
A bench headed by Chief Justice of India Surya Kant made it clear that while it was not inclined to stay Sengar’s 10-year sentence at this stage, the High Court should prioritise the matter. The bench requested the Delhi High Court to take up the appeal within a week and ensure a final decision within the stipulated three-month timeframe. “We deem it a fit case to request the High Court to hear the appeal and decide the same but not later than three months,” the Court observed.
The apex court further directed that any connected appeals filed by the complainant be heard together with Sengar’s appeal to ensure a comprehensive and consistent adjudication.
Appearing on behalf of Sengar, senior advocate Siddharth Dave submitted that the former legislator had already undergone a substantial portion of his sentence—approximately nine years and seven months—and sought a temporary stay on the remaining term. He argued that continued incarceration while the appeal remains pending would cause undue prejudice to the appellant.
Opposing the plea for immediate relief, the Solicitor General informed the bench that Sengar’s appeal is already listed for hearing before the Delhi High Court on February 11. He urged the Supreme Court to allow the High Court to consider the matter on priority rather than intervening at this stage.
During the hearing, Justice Joymalya Bagchi raised a query on whether the appeal should have been filed under the appropriate murder provision, reflecting the seriousness of the offence. Chief Justice Surya Kant, meanwhile, noted that Sengar has actually served just over seven years of his sentence after accounting for remission and other factors, adding that granting remission in a case of such gravity and moral reprehensibility was “highly debatable”.
The proceedings also saw the Chief Justice issue a stern warning to advocate Mehmood Pracha, appearing for Sengar, cautioning him against making public comments on the case. The CJI remarked that any attempt to conduct a “media trial” could invite serious consequences, including suspension of his licence to practise law.
Clarifying its position, the Supreme Court stressed that it was not expressing any opinion on the merits of the case. The bench underlined that the Delhi High Court must independently assess the appeal and bail plea strictly on legal grounds and dispose of the matter within the timeline laid down by the apex court.
Sengar was convicted in 2019 for the custodial death of the Unnao rape survivor’s father, a case that drew nationwide outrage and scrutiny over the abuse of power. The Supreme Court’s directions now place the onus on the Delhi High Court to deliver a time-bound decision on his appeal.
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