The Central Bureau of Investigation has knocked on the doors of the Supreme Court, questioning the Delhi High Court’s recent decision to suspend the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar in the Unnao rape case. The move comes amid sharp criticism that the High Court’s order weakens the legal shield meant for child victims of sexual abuse.
Background
Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao district and sentenced to life imprisonment. The case had shaken the country, not just for the crime itself, but for the alleged intimidation and harassment faced by the survivor and her family. On the directions of the apex court, multiple connected cases were handed over to the CBI, including those relating to attacks on the survivor’s relatives.
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Earlier this week, the Delhi High Court suspended Sengar’s sentence and granted him bail while his appeal against conviction remains pending. The High Court reasoned that the aggravated offence provisions under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code were not attracted, holding that an MLA could not be treated as a “public servant” under those sections.
Court’s Observations
Challenging that reasoning, the CBI has filed a Special Leave Petition before the Supreme Court of India, assailing the order passed by the Delhi High Court. The agency has argued that the High Court’s interpretation effectively dilutes the protective framework of the POCSO Act.
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“The bench erred in adopting a narrow and technical view,” the petition notes, stressing that POCSO is a welfare legislation meant to offer enhanced protection to children. According to the CBI, excluding elected representatives like MLAs from the definition of “public servant” defeats the very purpose of treating abuse of authority as an aggravating factor.
The investigating agency has also taken exception to the suspension of a life sentence on the ground of long incarceration. It pointed out that the Supreme Court has repeatedly held that suspension of sentence in cases punishable with life imprisonment is an exception, not a routine relief, especially in heinous crimes such as rape of a minor.
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Decision
Flagging concerns over the survivor’s safety, the CBI warned that releasing Sengar, a politically influential convict, poses a real risk. It argued that such orders undermine public confidence in the justice system and send a troubling signal in cases involving sexual violence against children. The plea seeks setting aside of the bail order granted to Sengar and restoration of his sentence pending appeal.
Case Title: CBI vs Kuldeep Singh Sengar (Challenge to Suspension of Sentence in Unnao Rape Case)
