Daijiworld Media Network – New Delhi
New Delhi, May 15: The Supreme Court on Friday set aside the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed the High Court to hear the matter afresh.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the Delhi High Court should reconsider the matter independently without being influenced by any observations made by the apex court.
The Supreme Court also directed the High Court to make an effort to decide Sengar’s main appeal challenging his conviction and life imprisonment within two months.
The bench further observed that if the High Court is unable to decide the main plea expeditiously, it should pass an order on Sengar’s application seeking suspension of sentence before the commencement of the summer vacation.
The apex court clarified that it was not expressing any opinion on the merits of the case and left it open for the High Court to proceed afresh.
During the hearing, the Chief Justice also asked the High Court to reconsider the legal issue of whether an elected MLA could be treated as a public servant for prosecution under provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Earlier, the Supreme Court had stayed the Delhi High Court’s December 23, 2025 order that had suspended Sengar’s life sentence and directed that he should remain in custody.
In its earlier order, the Delhi High Court had observed that although Sengar was convicted under Section 5(c) of the POCSO Act dealing with aggravated penetrative sexual assault by a public servant, an elected representative may not fall within the definition of “public servant” under Section 21 of the Indian Penal Code.
The High Court had suspended Sengar’s sentence pending appeal, noting that he had already spent over seven years in prison.
The order had triggered widespread criticism and protests by the victim’s family and activists.
Sengar is serving a life sentence after being convicted in the 2017 Unnao rape case, one of the country’s most high-profile criminal cases in recent years.