Supreme Court Stays Bail To Ex-BJP MLA Kuldeep Sengar In Unnao Rape Case, Flags Serious Legal Issues

New Delhi, Dec 29: The Supreme Court on Monday stayed the bail granted to former BJP legislator Kuldeep Sengar in the Unnao rape case, observing that serious legal issues require detailed examination. The court issued notice to Sengar and scheduled the next hearing after four weeks.

Bench Questions Legal Reasoning Behind Bail

A bench comprising Chief Justice Sanjay Kumar, Justice J.K. Maheshwari and Justice Augustine George Masih heard arguments for nearly 40 minutes. The Chief Justice noted that while High Court judges are highly competent, judicial errors are possible and the circumstances of this case warranted intervention.

CBI Challenges Delhi HC Order

The Central Bureau of Investigation challenged the Delhi High Court’s December 23 order granting bail, arguing that Sengar stands convicted in another case and that offences under IPC Section 376 and the POCSO Act attract stringent punishment.

Public Servant Status Under POCSO Examined

The bench also raised concerns over whether elected representatives can be excluded from the definition of “public servant” under POCSO, referring to the 1997 LK Advani case, where legislators were held to be public servants under anti-corruption law.

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Victim Reacts, Security Tightened

The victim became emotional after the order, stating that she trusts the Supreme Court to deliver justice. Security was tightened outside the court during the hearing.