In a significant development, the Supreme Court of India has scheduled an urgent hearing for Monday, December 29, 2025, to consider a plea filed by the Central Bureau of Investigation (CBI). The probe agency is challenging a Delhi High Court order that suspended the life sentence of Kuldeep Singh Sengar, the convict in the high-profile Unnao rape case.
Special Bench Constituted During Winter Recess
The apex court is currently observing its winter recess. However, treating the matter as one of utmost urgency, Chief Justice of India Surya Kant has constituted a special three-judge bench to hear the case. This bench comprises CJI Surya Kant himself, along with Justices J K Maheswari and A G Masih.
The CBI approached the Supreme Court on Friday, December 26, 2025, filing a strong appeal against the High Court's December 23 ruling. In its petition, the agency has labeled the HC order as "contrary to law" and "perverse." The central investigative body has vehemently contested the High Court's finding that Sengar was not a public servant at the time he committed the offence.
CBI's Core Arguments Against the Bail Order
The CBI's appeal presents several critical arguments. The agency asserts that the High Court failed to recognize a fundamental principle: a sitting Member of the Legislative Assembly (MLA) holds a constitutional office. This position, the CBI argues, is vested with public trust and authority over the electorate, carrying a heightened responsibility towards the state and society.
Furthermore, the CBI contends that the court "erred in law" by not adopting a purposive interpretation that would advance the core objectives of the Protection of Children from Sexual Offences (POCSO) Act. The agency's petition highlights a grave concern for the safety of the victim and her family.
The CBI has explicitly stated that releasing Kuldeep Sengar on bail and suspending his sentence during the pendency of his appeal could jeopardize the well-being and safety of the survivor and her family. The petition underscores that Sengar remains a "highly influential person having muscle and money power" who could still pose a threat to the victim.
The Road Ahead and Legal Implications
The Supreme Court's hearing on Monday is poised to be a crucial juncture in this long-running legal battle. The outcome will not only determine the interim liberty of the convict but also set a significant precedent regarding the interpretation of a public servant's status under relevant laws and the considerations for granting bail in sensitive cases involving influential individuals.
The case has drawn nationwide attention since its inception, highlighting issues of power, justice, and the safety of survivors. The Supreme Court's intervention during its vacation underscores the legal and constitutional gravity attached to the CBI's challenges against the High Court's order.
