Unnao Rape Case: Supreme Court Freezes Bail Granted to Kuldeep Sengar

The Supreme Court on Monday stepped in to halt the release of former Uttar Pradesh MLA Kuldeep Singh Sengar, staying a Delhi High Court order that had suspended his life sentence and granted him bail in the 2017 Unnao rape case.

The intervention has brought into sharp focus a significant legal question, whether an elected legislator can be treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act.

The apex court’s move came on a petition filed by the Central Bureau of Investigation (CBI), which has challenged the High Court’s reasoning as legally flawed and contrary to binding Supreme Court precedent.

A vacation bench led by Chief Justice Surya Kant, along with Justices JK Maheshwari and Augustine George Masih, stayed the High Court order and issued notice to Sengar, granting him four weeks to respond to the CBI’s appeal.

CBI Cites Supreme Court Precedent

At the heart of the CBI’s challenge is its reliance on a 1997 Supreme Court judgment in LK Advani vs CBI, which dealt with corruption allegations against senior political leaders and examined whether Members of Parliament and Members of Legislative Assemblies could be considered “public servants” under the Prevention of Corruption Act, 1988.

In that landmark ruling, the Supreme Court held that elected representatives fall squarely within the definition of public servants for the purpose of anti-corruption laws. The CBI has now argued that the same principle must apply  with even greater force  in cases involving sexual offences against children.

The agency contended that the Delhi High Court adopted an unduly narrow interpretation of the POCSO Act by excluding MLAs from the category of public servants. Such an approach, the CBI warned, would dilute the protective intent of the legislation and create an unjustified exemption for powerful public figures.

Supreme Court Steps In

Staying the High Court’s order, the Supreme Court made it clear that the issue required closer scrutiny, particularly in light of existing constitutional and statutory jurisprudence. The stay ensures that Sengar remains in custody while the top court examines the legal validity of the High Court’s interpretation.

Background of the Case

The case dates back to 2017, when a minor girl from Uttar Pradesh’s Unnao district accused Kuldeep Sengar then a sitting BJP MLA from Bangarmau  of raping her.

The case sparked nationwide outrage after the survivor’s father died in police custody following an alleged assault by Sengar’s associates. Sengar was later convicted separately in the custodial death case.

After a trial conducted in Delhi on the Supreme Court’s directions, a special court sentenced Sengar to life imprisonment for rape under the POCSO Act.

Earlier this week, the Delhi High Court suspended the sentence and granted him bail pending the hearing of his appeal. A bench of Justices Subramonium Prasad and Harish Vaidyanathan held that the POCSO Act does not expressly include MLAs within the definition of “public servant” and therefore the enhanced standards applicable to public servants could not automatically be applied to Sengar.

Larger Legal Implications

The Supreme Court’s intervention has reopened a broader constitutional debate on accountability of elected representatives under child protection laws.

Legal experts note that the outcome could have far-reaching consequences for how legislators are treated under special criminal statutes like POCSO.

For now, the stay ensures that Sengar remains behind bars as the apex court considers whether elected lawmakers can claim immunity from stricter legal standards meant to protect children from sexual abuse.

Also Read: POCSO Is Gender-Neutral—But Are We Ready to See Women in the Dock?