The Supreme Court on Monday stayed the December 23 Delhi High Court order suspending the life sentence awarded to former BJP MLA Kuldeep Singh Sengar in the Unnao rape case.
A three-judge bench presided by Chief Justice of India Surya Kant said that if it were to accept the high court’s interpretation that Sengar does not fall within the definition of a public servant, then it would mean that a police constable would be a public servant, but an MLA is not.
“We are only worried that a constable or a patwari, they will be public servant for the purpose of committing this offence, but a Member of Parliament or elected member of state Legislative Assembly or Legislative Council, if this interpretation is construed to be correct, they will be exempted.”
“Issue notice…We find that there are various substantial questions of law which arise for consideration in this SLP (Special Leave Petition). We are conscious of the fact that ordinarily, when a convict/undertrial has been released on bail pursuant to an order passed by the trial court or High Court, such order should not be stayed by this court without hearing such person,” the bench stated.
“However, there are peculiar facts and circumstances. The respondent is also separately convicted and sentenced in a case under section 304 Part 2 IPC (Indian Penal Code) and we are informed that he is in custody in that case…,” it said.
“In the peculiar circumstances of the case, we stay the operation of impugned order dated December 23, 2025 passed by the High Court. Consequently, the respondent shall not be released from custody pursuant to the impugned order,” the bench ordered.
The court gave Sengar four weeks’ time to file a counter-affidavit. It further said that the victim has a statutory right to file a separate SLP in the matter.
