The Supreme Court on Monday stayed the Delhi High Court's order suspending the life sentence of former BJP MLA Kuldeep Sengar in the 2017 rape case of a minor girl in Unnao, Uttar Pradesh.
Challenge to the High Court order
Hearing a petition filed by the Central Bureau of Investigation (CBI), a three-judge vacation bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari, and Justice Augustine George Masih said that Sengar should not be released from custody.
Supreme Court's observation
The Supreme Court observed, "We are aware that when a convict or an undertrial prisoner is released, such orders are not usually stayed by this Court without hearing the parties.
However, considering the peculiar facts of the case, where the convict has also been convicted for a separate offense, we stay the order of the Delhi High Court."
Notice issued to Sengar
The Supreme Court vacation bench also issued a notice to Sengar, directing him to file a counter-affidavit within four weeks.
Solicitor General appears for CBI.
During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, termed it a very heinous case. He said, "We are accountable to the victim."
Delhi High Court's order
The Delhi High Court, on December 23, had suspended the jail sentence of Kuldeep Sengar, a four-time MLA from Unnao, pending his appeal. The court granted Sengar conditional bail, noting that he had already spent seven years and five months in jail.
However, he will remain in jail as he is also serving a 10-year sentence in the case related to the custodial death of the victim's father, and he has not been granted bail in that case.
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