- The Supreme Court stayed a Delhi High Court order suspending Kuldeep Sengar's life term in a rape case
- It said the operation of the High Court order shall be stayed, and Sengar shall not be released from prison
- Kuldeep Sengar remains in jail serving a concurrent sentence for custodial death of the survivor's father
The Supreme Court has stayed a Delhi High Court order suspending ex-BJP MLA Kuldeep Singh Sengar's life term for the rape of a woman – then a minor – in Uttar Pradesh's Unnao in 2017.
The court acknowledged a responsibility to the survivor and issued notice to the ex-Bharatiya Janata Party leader based on a plea by the Central Bureau of Investigation – the lead investigating and prosecution agency – challenging the High Court order. Sengar was given four weeks to respond.
The court noted drily that there is no question of compromise personal liberty; Kuldeep Sengar remains in jail for now, serving a concurrent sentence over the custodial death of the woman's father.
A vacation bench led by Chief Justice Surya Kant and including Justices JK Maheshwari and Augustine George Masih also allowed the Unnao rape survivor to intervene with her petition.
Ahead of today's hearing the survivor said she had faith in the Supreme Court and appealed to UP Chief Minister Yogi Adityanath to ensure the safety of her family and herself.
RECAP | "What Was CBI Doing Before?": Unnao Rape Survivor On Kuldeep Sengar's Bail
She claimed Sengar had bribed officials, including the Investigating Officer and an unnamed Delhi High Court judge, and said her family had already suffered severely since Sengar was given bail.
The 2017 Unnao rape case made headlines this week after Sengar – then representing the Bangarmau seat – had his sentence suspended and was granted bail pending an appeal against the trial court's verdict. In a controversial order, the High Court reasoned his MLA status did not justify the lower court considering him a 'public servant'. The bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan also said anti-child sexual offences law POCSO could not be applied in this case.
RECAP | Unnao Rape Survivor Bristles With Anger As Kuldeep Sengar Could Walk Free
And, having dismissed Sengar as a 'public servant', the High Court said the seven-and-a-half years served so far is "more than minimum number" prescribed by law in this case.
As a result Kuldeep Sengar was released on conditional bail; the conditions include a Rs 15 lakh personal bond, a promise not to leave Delhi or come within five kilometres of the survivor.
The release order was widely condemned while shocking scenes from Delhi – where the survivor and her mother were bullied and intimidated by central security forces while trying to protest – added to the tension and anger that has erupted over the past week.
His release led to clashes in Delhi Tuesday and Wednesday between central forces tasked with 'guarding' the survivor and members of her family, including frightening visuals of her mother seemingly forced to jump from a moving bus that then drove off with her daughter on board.
Speaking to reporters after the outrageous incident, the mother broke down and said, "We did not get justice. My daughter has been held captive. It seems they want to kill us."
RECAP | Shock As Men From Central Force Manhandle Unnao Survivor's Mother
A CRPF officer later claimed the survivor was being 'escorted' back home, though no formal statement has been made on the mother being removed from the bus.
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