The Delhi High Court on Tuesday suspended the life imprisonment awarded to expelled Bharatiya Janata Party (BJP) leader and former Uttar Pradesh legislator Kuldeep Singh Sengar in the high-profile 2017 Unnao rape case. The court cited the reason that Sengar has already spent over seven years in jail while his appeal against the conviction remained pending.
Bail Granted with Stringent Conditions
However, the 59-year-old Sengar will not be released from prison immediately. He continues to serve a separate 10-year sentence in a connected case concerning the death of the rape survivor's father in judicial custody. His appeal in that case is also pending before the High Court.
A bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar granted Sengar relief until the final disposal of his appeal against the 2019 trial court conviction in the rape case. The court imposed a set of strict conditions for his release, should it occur.
Key Conditions for Suspension of Sentence
The bench mandated that Sengar must furnish a personal bond of Rs 15 lakh along with three sureties of the same amount. All sureties must be residents of New Delhi.
In a significant move to ensure the survivor's safety, the court barred Sengar from entering a 5-kilometer radius of the survivor's residence. He is also prohibited from threatening or intimidating the survivor or her mother. The court warned that any breach of these conditions would lead to the immediate cancellation of his bail.
Other directives issued by the court include:
- Sengar must stay in New Delhi for the duration of the appeal's pendency.
- He must deposit his passport with the authorities.
- He must remain available to serve the remainder of his sentence if his conviction is ultimately upheld.
- He is required to report to a designated police station every Monday at 10 AM.
Court's Directions on Survivor's Security and Safety
The High Court bench explicitly addressed concerns regarding the survivor's security. It stated that the survivor is expected to continue receiving protection from the Central Reserve Police Force (CRPF). Furthermore, the bench directed the Deputy Commissioner of Police (DCP) of the area where she resides to personally ensure and supervise her security arrangements.
The court also noted that accommodation for the survivor is being provided by the state, with the Delhi Commission for Women (DCW) responsible for ensuring suitable housing. It directed that this arrangement should continue uninterrupted. The bench affirmed that the survivor remains free to approach the court at any time during the pendency of the appeal.
Arguments and Court's Reasoning
Appearing for Sengar, senior advocate N Hariharan and advocate SPM Tripathi argued that continued incarceration after more than seven years, with the appeal still undecided, would violate Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The prosecution had argued that Sengar should remain in custody due to the threat perception to the survivor. The High Court bench rejected this argument, stating it was "not a tenable argument" and added that accepting it would undermine "the laudable work of our police/paramilitary forces" tasked with protection.
The court's decision to suspend the sentence is an interim relief and not an acquittal. The final outcome will depend on the verdict in Sengar's pending appeal against his conviction for the rape of the minor girl from Unnao in 2017, a case that had sparked nationwide outrage.
