A three-judge bench of Chief Justice of India Surya Kant and Justices J K Maheswari and A G Masih will hear the matter. The court is currently on winter recess but the CJI constituted the bench treating it as urgent.
The Supreme Court will hear on Monday (December 29) the CBI’s appeal challenging the Delhi High Court ruling suspending the life sentence of Unnao rape case convict Kuldeep Singh Sengar.
A three-judge bench of Chief Justice of India Surya Kant and Justices J K Maheswari and A G Masih will hear the matter. The court is currently on winter recess but the CJI constituted the bench treating it as urgent.
The central probe agency approached the SC on Friday describing the High Court order as “contrary to law” and “perverse” and challenged the finding that he was not a public servant when he committed the offence.
In its appeal against the December 23 order, the CBI said the HC “failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate, and that such a position carries heightened responsibility arising from duties owed to the State and society”.
It said the HC “has erred in law by failing to adopt a purposive interpretation that advances the object and intent of the POCSO Act and “ignored that releasing” Sengar “on bail and suspending his sentence during the pendency of the appeal would…also jeopardise the well-being and safety of the victim/survivor and her family”.
Sengar, it said, is a “highly influential person having muscle and money power and still can cause injury to the victim and her family”.