A significant legal challenge has been mounted in the Supreme Court of India against a recent Delhi High Court order that suspended the jail sentence of expelled BJP leader Kuldeep Singh Sengar. Sengar is currently serving a life term for the brutal 2017 rape of a minor girl from Unnao.
Legal Battle Intensifies in Supreme Court
Advocates Anjale Patel and Pooja Shilpkar have filed the petition, urgently seeking a stay on the High Court's December 23 order. They argue that the High Court committed a grave error in law and fact by granting suspension of sentence to Sengar, a man with serious criminal antecedents and a proven role in heinous offences.
The petition contends that the lower court failed to consider the trial court's observation that Sengar must remain incarcerated for the rest of his natural life. It further alleges the High Court ignored material evidence showcasing the barbarity and brutality of the crime, along with Sengar's demonstrated muscle power, financial influence, and criminal propensity.
Details of the High Court Order and Survivor's Anguish
On December 23, the Delhi High Court suspended Sengar's life imprisonment sentence pending the disposal of his appeal against his conviction. The court noted he had already served seven years and five months in prison. However, he will remain in jail as he is concurrently serving a 10-year sentence in the connected custodial death case of the survivor's father, where he has not been granted bail.
The High Court imposed strict conditions for the suspension, including furnishing a personal bond of Rs 15 lakh with three sureties. Sengar was directed not to come within a 5-km radius of the survivor's Delhi residence and not to threaten her or her mother.
Following the bail order, the survivor met with Congress MP and Leader of Opposition in Lok Sabha, Rahul Gandhi. She expressed deep shock, stating, "A rapist getting bail, that too from the High Court, is shocking. My only hope now is the Supreme Court." She also raised concerns about the CBI investigation officer being compromised and reiterated her faith in the apex court for ultimate justice.
Case Background and Ongoing Proceedings
The entire case, including the rape and connected matters, was transferred to Delhi from Uttar Pradesh on the Supreme Court's directions on August 1, 2019. Sengar was convicted by a Delhi trial court in December 2019.
The petition in the Supreme Court highlights a chilling aspect, alleging that Sengar orchestrated the murder of the victim's father while he was in judicial custody to silence the family and obstruct justice. Sengar's appeal against his conviction in the father's custodial death case is also pending, where he has similarly sought suspension of his sentence.
The nation now watches as the Supreme Court is poised to decide on this contentious suspension, a ruling that will be closely scrutinized for its implications on justice for sexual assault survivors and the accountability of powerful offenders.
