The Supreme Court of India is set to hear a petition filed by the Central Bureau of Investigation (CBI) challenging the decision of the Delhi High Court to grant bail to former Uttar Pradesh MLA Kuldeep Singh Sengar in the infamous Unnao rape case. The vacation bench of the apex court, comprising Chief Justice of India Surya Kant, Justice JK Maheshwari, and Justice Augustine George Masih, will take up the matter on Monday, December 29.
The Special Leave Petition (SLP) filed by the CBI seeks to overturn the Delhi High Court’s order, which allowed Sengar to be released on bail pending the appeal against his conviction in the rape case. The High Court had earlier suspended his sentence, granting him temporary relief, a decision that has been met with significant public scrutiny and criticism.
Kuldeep Singh Sengar, a former member of the Uttar Pradesh Legislative Assembly, was convicted in December 2019 for the abduction and rape of a teenage girl from Unnao in 2017. The victim, then 17 years old, had accused Sengar of raping her at his residence in Uttar Pradesh. After the victim’s attempt to file a case against the MLA, she and her family faced harassment, intimidation, and even violence. In one chilling incident, the victim’s father was allegedly beaten by Sengar’s associates, leading to his eventual death in police custody under suspicious circumstances.
Sengar was arrested and charged under several sections of the Indian Penal Code, including rape, criminal intimidation, and abduction. In 2019, he was sentenced to life imprisonment for the rape and other charges. The case garnered national attention, particularly after the victim’s courageous fight to get justice, despite threats and constant pressure from Sengar’s associates.
However, in October 2020, Sengar’s conviction was upheld by the Allahabad High Court, and he was sentenced to life imprisonment. In a tragic twist of fate, the victim and her family continued to face threats even after the trial, underscoring the level of power and influence the former MLA held within the political system.
In a surprising development, the Delhi High Court granted Sengar bail in July 2023, citing his good conduct and the pendency of his appeal against the conviction. The court’s decision to suspend his sentence and grant him temporary relief was seen as controversial, with many critics questioning the leniency shown toward the convicted MLA.
The High Court noted that the case was still under appeal and that Sengar’s health condition and the time he had already spent in prison were valid considerations in granting bail. However, this ruling has been met with widespread outrage from the victim’s supporters, political figures, and citizens who argue that Sengar should serve his sentence without delay, given the severity of his crime and the public interest in ensuring justice is served.
The victim’s legal team and several women’s rights organizations have expressed strong opposition to the High Court’s decision, describing it as a setback for the cause of justice. “This is a decision that undermines the hard-fought victory of the victim and the message of accountability that the judicial system must send to those in power,” said a spokesperson for one such group.
In response to the Delhi High Court’s order, the CBI filed an appeal before the Supreme Court, arguing that Sengar’s release on bail would be detrimental to the cause of justice. The CBI contends that there is a serious risk of the convicted MLA influencing witnesses and obstructing the course of the ongoing appeal process.
In its petition, the CBI has pointed out that Sengar was convicted for heinous crimes, including sexual assault and the illegal confinement of a minor, and should not be granted bail while his appeal is pending. The prosecution has also highlighted the gravity of Sengar’s actions, which not only ruined the life of a young woman but also led to the loss of life of her father, who died under mysterious circumstances in police custody.
The CBI’s Special Leave Petition seeks to ensure that justice for the victim is not delayed further and that Sengar remains in custody while the appeal is heard. The matter will now be heard by a bench comprising Chief Justice Surya Kant, Justice Maheshwari, and Justice Augustine George Masih, who will determine whether the Delhi High Court’s decision should be upheld or overturned.
The controversy surrounding Kuldeep Singh Sengar’s bail has ignited strong emotions across the nation, with many questioning the decision of the judiciary to temporarily release a convicted criminal accused of such serious offenses. Public outcry has intensified, with activists and the victim’s supporters urging the Supreme Court to intervene and restore public faith in the legal system.
Social media platforms have seen a surge in discussions, with the hashtag #JusticeForUnnaoVictim trending, as individuals and groups demand that the victim’s suffering be acknowledged and that the law be allowed to take its course without interference. Legal experts believe that the Supreme Court’s decision could have far-reaching implications on how similar cases involving high-profile politicians and public figures are handled in the future.
As the nation awaits the Supreme Court’s verdict, the case remains a symbol of the ongoing struggle for justice for sexual assault victims, particularly those from marginalized sections of society. The outcome of the hearing will likely be a decisive moment in the fight against impunity for powerful individuals accused of crimes.
